ENITANWYA OREKOYA (R on the application of) v LEEDS MAGISTRATES COURT

ENITANWYA OREKOYA (R on the application of) v LEEDS MAGISTRATES COURT

There is no viable ground for judicial review as the magistrates' decision to proceed in the claimant's absence was not incompatible with fair trial standards; the claimant failed to provide contemporaneous evidence of incapacitating illness and did not comply with court orders to elicit further medical information.

Source-derived case information.

Parties
Claimant: Enitanwya Orekoya; Defendant: Leeds Magistrates Court; Interested Party: West Yorkshire Probation Service
Jurisdiction
England and Wales
Judgment Date
03 March 2022
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Permission for judicial review refused.
Legal Topics
Fair Trial Rights, Adjournment, Judicial Review, Case Management, Article 6 ECHR
Criminal Law Administrative Law Human Rights Fair Trial Rights Adjournment Judicial Review Case Management Article 6 ECHR

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Parties

Enitanwya Orekoya

Claimant

Leeds Magistrates Court

Defendant

West Yorkshire Probation Service

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the magistrates' decision to proceed in the claimant's absence breached fair trial rights under Article 6 ECHR
  2. 2 Whether the magistrates should have adjourned the hearing due to the claimant's alleged ill-health
  3. 3 Whether new evidence exonerated the claimant and should have prevented conviction

Ratio Decidendi

There is no viable ground for judicial review as the magistrates' decision to proceed in the claimant's absence was not incompatible with fair trial standards; the claimant failed to provide contemporaneous evidence of incapacitating illness and did not comply with court orders to elicit further medical information.

Court Disposition

Permission for judicial review refused.

Orders

  • Renewed application for permission for judicial review refused.
  • Stay of execution on the arrest warrant of 9 July 2021 discharged.