Wife’s interests lead to rejection of Czech extradition request for £175,000 fraud
On 21 February 2020, DJ Radway discharged our client from a European arrest warrant seeking his return for 24 instances of fraud or attempted fraud in the Czech and Slovak Republics. The total value was approximately £175,000.
In refusing the extradition request, the judge found that our client was the primary carer for his wife who has a diagnosis of Post Traumatic Stress Disorder and at high risk of suicide without his presence.
Article 8 of the European Convention on Human Rights requires the judge to conduct a balancing exercise between the rights of the individual but also the public interest in ordering extradition. The judge normally sets out each of the "pros" and "cons" and concludes as to why extradition should be ordered, or the defendant discharged.
Undertaking this balancing exercise, the judge concluded that the inevitable hardship that would arise in the circumstances of this case was significantly greater than that concomitant with the usual consequences of incarcerating a husband who supports his wife. The extradition of our client would be likely to have a significant adverse effect on his wife which is a factor of some considerable weight to be placed on his side in the Celinski scales:
“There is unusually, a compelling feature in this case which overrides the persistent and strong public interest in extradition: his wife’s dependency and inability to get by without him.”
It was, therefore, his wife’s circumstances which were central to the decision in these proceedings and which consequently fall under intense scrutiny.
Further, the Judge rejected Czech Republic’s submission that our client was a fugitive from justice, even though he has entered the UK on false pretences, which contributed to the delay in his apprehension.
Our client was represented by Malcolm Hawkes of Doughty Street Chambers, who was instructed by Giovanna Fiorentino and Agnieszka Maria Biel of Lansbury Worthington Solicitors.
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If you require help with an extradition case, please contact Ms Biel on firstname.lastname@example.org or 07802725778.
Agnieszka M. Biel, Trainee Solicitor