Fresh medical evidence bars extradition to Poland of a vulnerable woman

The High Court has allowed the appeal of a Polish woman, represented by Malcolm Hawkes, against an order for her extradition to serve an 18-month prison sentence for fraud.

The woman was accused of defrauding a number of Polish banks into issuing loans totalling £9,000 on the basis of forged documents. Her case was that her male accomplice led the enterprise and took advantage of her mental health vulnerabilities for his exclusive financial gain.

The appeal focused on the woman’s mental health conditions; evidence adduced at the magistrates court suggested that she may have a learning disability and a low IQ, but this was not tested. On appeal, fresh medical evidence revealed her IQ was just 67 and her learning disability was confirmed.

Mr Justice Julian Knowles accepted the submission that people with a learning disability are at greater risk of exploitation and abuse; they may not understand that what is happening to them is wrong and may find it hard to communicate to others about what is happening to them or understand how to report it.

There was no evidence that these conditions were ever taken into account at trial in Poland, and no evidence that she could re-open her conviction or sentence if she were extradited now.

In allowing the appeal and quashing the order for the woman’s extradition, the judge accepted the Appellant’s submissions in full:

"The Appellant’s measured IQ is 67; she is a vulnerable, easily led woman who was likely the victim, rather than the perpetrator of the index offences of fraud. The fresh evidence confirms that she was very likely taken advantage of in the commission of a fraud which she lacked the ability to understand, still less knowingly commit; there is no evidence her mental health condition was ever taken into account in the Polish proceedings or could be now. The impact of extradition and imprisonment on her mental well-being would be devastating. The near-two years she has spent subject to a curfew and reporting conditions is sufficient to address any suggestion of impunity and reduces the public interest in her extradition."

In Wyrebek v Poland, Malcolm was instructed by Francesca Cociani of Hodge, Jones & Allen Solicitors.