The prisoner resisted his extradition to Italy. The court examined documentation received from Italy: ‘That language may indicate that the applicant is already regarded as unlawfully at large and therefore liable to arrest which, if so, would of course support the government’s case. But it may, as it seems to me, be authority to arrest him when he has been found and when he has been handed a copy of the order, which would suggest that he was not unlawfully at large until those steps had been accomplished. In the absence of expert evidence of Italian law I do not know how the magistrate could, or how we can, choose between those hypotheses.’
Judges:
Lord Bingham of Cornhill CJ
Citations:
Unreported, 22 May 2000, CO/4009/99
Jurisdiction:
England and Wales
Cited by:
Cited – Mariotti v Government of Italy and others Admn 2-Dec-2005
The extraditee had been convicted in his absence in Italy having fled to avoid the trial. He complained that the trial process had been unfair and the evidence against him weak.
Held: The court’s duty was not to investigate the evidential . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 30 November 2022; Ref: scu.237702
