Krompalcas v Prosecutor General's Office, Lithuania [2008] EWHC 1486 (Admin) (17 June 2008)

Krompalcas v Prosecutor General's Office, Lithuania [2008] EWHC 1486 (Admin) (17 June 2008)

The District Judge was entitled to find, to the criminal standard, that the appellant deliberately fled Lithuania to avoid prosecution. As such, under established legal principles, the appellant cannot rely on the passage of time to bar extradition unless most exceptional circumstances exist, which are absent here. No sufficient case of injustice or unfairness at trial was established.

Citation
[2008] EWHC 1486 (Admin)
Parties
Claimant: Antanas Krompalcas; Defendant: Prosecutor General's Office, Lithuania
Jurisdiction
England and Wales
Judgment Date
17 June 2008
Procedural Posture
Extradition Appeal / Appeal Against Extradition Order Under Section 26 of the Extradition Act 2003
Outcome
Appeal dismissed
Legal Topics
Extradition, Passage of Time Bar, Unjust or Oppressive Extradition, Fugitive From Justice, Fair Trial Rights
Criminal Law Extradition Law Extradition Passage of Time Bar Unjust or Oppressive Extradition Fugitive From Justice Fair Trial Rights

Case Brief

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Parties

Antanas Krompalcas

Claimant

Prosecutor General's Office, Lithuania

Defendant

Procedural Posture

Extradition Appeal / Appeal Against Extradition Order Under Section 26 of the Extradition Act 2003

Legal Issues

  1. 1 Whether extradition is barred by passage of time under sections 11 and 14 of the Extradition Act 2003
  2. 2 Whether the appellant is a fugitive from justice
  3. 3 Whether extradition would be unjust due to risk of unfair trial

Ratio Decidendi

The District Judge was entitled to find, to the criminal standard, that the appellant deliberately fled Lithuania to avoid prosecution. As such, under established legal principles, the appellant cannot rely on the passage of time to bar extradition unless most exceptional circumstances exist, which are absent here. No sufficient case of injustice or unfairness at trial was established.

Court Disposition

Appeal dismissed

Orders

  • Extradition order stands
  • Detailed assessment of legal aid costs granted