Triple success for Alex Tinsley’s client MA facing 10 years’ imprisonment in Italy

Alex Tinsley’s client MA was today finally discharged on the last of three Italian arrest warrants totalling 10 years’ imprisonment.

MA was wanted under three warrants based on three convictions, each issued in absence. After his arrest in mid-2022, a first round of argument resulted in a concession that it could not be established that he was present at trial for two of three of warrants. The Italian authority instead relied on the right to apply for a retrial or appeal. 

The matter was adjourned several times, in part due to complications arising from Italy’s response to a mutual assistance request for the remote hearing of the defence expert on the sufficiency of Italian retrial rights (surprisingly Italy had dealt with request as a European Investigation Order, which no longer applies to the UK).

By the time the matter came to be heard, the Supreme Court judgment in Merticariu v Romania [2024] UKSC 10 had overruled the previous case-law, establishing that a right merely to apply for a retrial does not satisfy s 20.

The Italian authority sought to reverse course and seek to prove deliberate absence, but ultimately had to recognise the previous concession and MA was discharged by District Judge Cieciora under s 20 at the hearing in May 2024. The judge adjourned for judgment on the last warrant, representing a tenth of the total sentence.

District Judge Cieciora’s decision today discharges MA on the final warrant, on the basis of Article 8 ECHR given the age of the offences; delay; rehabilitation; and the impact on MA’s wife and young son, discussed a report of an expert psychologist.

Alex, who is fluent in Italian, was instructed by Elena Jacobs of Coomber Rich.