||All England Reporter
|| All ER (D) 129 (Jun)
||Queen's Bench Division (Divisional Court)
Latham LJ and McCombe J
||Luke Ponte (instructed by Hallinan, Blackburn, Gittings & Nott) for the appellant.
||Peter Caldwell (instructed by the Crown Prosecution Service) for the government of the requesting state.
||14 June 2006
Extradition - Discharge of fugitive - Circumstances rendering it unjust or oppressive to return fugitive - Circumstances court may have regard to - Passage of time since commission of alleged offence - Fugitive lying as to previous good character - Whether district judge entitled to find fugitive responsible for delay - Whether circumstances rendering it unjust to return fugitive - , s 14.
Having regard to the nature of the evidence against the appellant and his answer thereto, the court in Germany would be able to provide a safe and fair trial of those issues even after the passage of time in question, namely more than 15 years after the commission of the alleged offence. In those circumstances, it would not be unjust within the meaning of s14 of the to return him to Germany.
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