District Judge Branston discharged EV at Westminster Magistrates’ Court finding that his surrender would be incompatible with Article 8 ECHR. EV’s case turned on evidence that Alexis Anagnostakis gave after reviewing the original court file. Mr. Anagnostakis explained how the Public Prosecutors’ Office purported to summons EV to trial more than sixteen years after his departure from Crete. The original summonses and judgments of conviction, together with translations into English, were produced to Westminster Magistrates’ Court. Mr. Anagnostakis explained that, even if EV’s application for a retrial succeeded, his prosecution was statute barred under Greek criminal procedure law. In supplementary information, the Public Prosecutors’ Office confirmed that this was correct. Judge Branston discharged EV under Article 8 since, in the circumstances, the public interest in extradition was extinguished. He did not resolve the abuse of process argument, a residual power at common law in extradition proceedings.
Stefan Hyman forms part of 9BR’s Extradition & Interpol Team. He was instructed by Lansbury Worthington Solicitors. Stefan and Alexis are part of the European Criminal Bar Association.
