Oppressive and disproportionate extradition request refused

19.12.16 | |


The High Court allowed an appeal against the extradition of a man wanted to stand trial in Poland. The Appellant was accused of fraudulently providing employment certificates which were used to obtain loans in 2004, but was never arrested or questioned about the offences. There was no evidence he knew anything about the allegation, or had fled the country, concealed his whereabouts or evaded arrest.


Represented by Malcolm Hawkes, the Appellant successfully argued the district judge misapplied the test in relation to the passage of time, wrongly cited from the lead authority on Article 8, erred in several factual respects and failed to consider the refusal to interview him in the UK as an alternative to extradition.


The High Court concluded that extradition would be oppressive and disproportionate and discharged the warrant pursuant to ss. 14 and 21A of the Extradition Act 2003.


In Kazaniecki v Poland, Malcolm was instructed by Ania Grudzinska of Aneta Maziarz solicitors.

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