||All England Reporter
|| All ER (D) 365 (Feb)
||Queen's Bench Division (Divisional Court)
Smith LJ and Cresswell J
||Campaspe Lloyd-Jacob (instructed by Whitelock & Storr) for the applicant.
||Peter Caldwell (instructed by the Crown Prosecution Service) for the government.
||27 January 2006
Extradition - Discharge of fugitive - Discretion of court - Interests of justice - Evidence supporting conviction - Whether conviction violating offender's Convention rights - Whether in interest of justice to return offender - , s 6(2) - European Convention on Human Rights, art 6.
Where a fugitive offender was convicted of offences on the basis of statements given in interview by three co-accused notwithstanding that two co-accused had retracted those statements at the offender's trial and the third could not be cross-examined as he refused to give evidence, the court ruled that it would not be in the interests of justice for the purposes of s6(2) of the to return him to Italy as his right to a fair trial under art6 of the European Convention on Human Rights had been violated.
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