Lodhi v HMP Brixton & Anor [2001] EWHC Admin 178 (13th March, 2001)

Lodhi v HMP Brixton & Anor [2001] EWHC Admin 178 (13th March, 2001)

The UAE's specialty undertaking is valid and binding; Mr Lodhi is to be treated as an accused person entitled to a retrial upon return; there is no bar to extradition under section 6(4), nor is there merit in the pleas of autrefois acquit or convict, nor evidence of prejudice on grounds of nationality or bad faith; a prima facie case is established; the application for habeas corpus is dismissed.

Citation
[2001] EWHC Admin 178
Parties
Claimant: Mohammed Fakhar Al Zaman Lodhi; First Defendant: Governor of HMP Brixton; Second Defendant: Government of the United Arab Emirates
Jurisdiction
England and Wales
Procedural Posture
Habeas Corpus Application / High Court Judgment Following Committal for Extradition
Outcome
Application for habeas corpus dismissed; extradition may proceed.
Legal Topics
Extradition Procedure, Specialty Protection, Autrefois Acquit/convict, Prejudice on Nationality, Good Faith in Extradition, Prima Facie Case, Non Disclosure, Effect of ECHR on Extradition
Extradition Law Criminal Law Human Rights Law Extradition Procedure Specialty Protection Autrefois Acquit/convict Prejudice on Nationality Good Faith in Extradition +3 more

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Parties

Mohammed Fakhar Al Zaman Lodhi

Claimant

Governor of HMP Brixton

First Defendant

Government of the United Arab Emirates

Second Defendant

Procedural Posture

Habeas Corpus Application / High Court Judgment Following Committal for Extradition

Legal Issues

  1. 1 Whether the specialty undertaking by the UAE is valid under section 6(4) of the Extradition Act 1989
  2. 2 Whether Mr Lodhi is protected by pleas of autrefois acquit or autrefois convict
  3. 3 Whether Mr Lodhi would be prejudiced on grounds of nationality if extradited

Ratio Decidendi

The UAE's specialty undertaking is valid and binding; Mr Lodhi is to be treated as an accused person entitled to a retrial upon return; there is no bar to extradition under section 6(4), nor is there merit in the pleas of autrefois acquit or convict, nor evidence of prejudice on grounds of nationality or bad faith; a prima facie case is established; the application for habeas corpus is dismissed.

Court Disposition

Application for habeas corpus dismissed; extradition may proceed.

Orders

  • No bar to extradition under section 6(4) of the Extradition Act 1989.
  • No discharge on grounds of autrefois acquit or convict.