Office of the Prosecutor General of Turin v Barone [2010] EWHC 3004 (Admin) (19 November 2010)

Office of the Prosecutor General of Turin v Barone [2010] EWHC 3004 (Admin) (19 November 2010)

The renewed extradition request constituted an abuse of process because the Italian authorities failed to address the procedural defects and unfairness identified by the Divisional Court in 1997, particularly the lack of a fair trial under the 1930 Italian Code and the impossibility of review. The attempt to ignore the previous findings and rely solely on the new regime, without addressing those defects, undermined the integrity of the statutory extradition regime. Although the passage of time did not bar extradition under s.14, the appeal was dismissed on the ground of abuse of process.

Citation
[2010] EWHC 3004 (Admin)
Parties
Claimant: Office of The Prosecutor General of Turin; Defendant: Franco Barone
Jurisdiction
England and Wales
Judgment Date
19 November 2010
Procedural Posture
Extradition Appeal / Appeal From District Judge's Decision
Outcome
appeal dismissed
Legal Topics
Extradition, Abuse of Process, European Arrest Warrant, Fair Trial Rights, Article 6 ECHR, Passage of Time, Issue Estoppel
Criminal Law Extradition Law Human Rights Law Extradition Abuse of Process European Arrest Warrant Fair Trial Rights Article 6 ECHR +2 more

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Parties

Office of The Prosecutor General of Turin

Claimant

Franco Barone

Defendant

Procedural Posture

Extradition Appeal / Appeal From District Judge's Decision

Legal Issues

  1. 1 Whether the renewed extradition request under the Extradition Act 2003 constitutes an abuse of process in light of the 1997 Divisional Court decision
  2. 2 Whether extradition is barred by s.14 of the Extradition Act 2003 due to oppression from passage of time
  3. 3 Whether the previous findings regarding unfair trial and lack of review under Italian law remain relevant under the new extradition regime

Ratio Decidendi

The renewed extradition request constituted an abuse of process because the Italian authorities failed to address the procedural defects and unfairness identified by the Divisional Court in 1997, particularly the lack of a fair trial under the 1930 Italian Code and the impossibility of review. The attempt to ignore the previous findings and rely solely on the new regime, without addressing those defects, undermined the integrity of the statutory extradition regime. Although the passage of time did not bar extradition under s.14, the appeal was dismissed on the ground of abuse of process.

Court Disposition

appeal dismissed

Orders

  • Extradition request stayed as an abuse of process
  • No order for extradition of Franco Barone