District Court In Martin, the Slovak Republic v Zigmund [2009] EWHC 922 (Admin) (26 March 2009)

District Court In Martin, the Slovak Republic v Zigmund [2009] EWHC 922 (Admin) (26 March 2009)

The respondent, having confessed, studied the police file, and left the jurisdiction knowing trial was imminent, deliberately absented himself from his trial; the facts are distinguishable from Bleta and Mucelli, so the District Judge ought not to have discharged him.

Citation
[2009] EWHC 922 (Admin)
Parties
Claimant: The District Court in Martin, The Slovak Republic; Defendant: Zigmund
Jurisdiction
England and Wales
Judgment Date
26 March 2009
Procedural Posture
Extradition Appeal / Appeal From District Judge's Discharge Order
Outcome
Appeal allowed
Legal Topics
Extradition Under European Arrest Warrant, Deliberate Absence From Trial, Interpretation of Extradition Act 2003 S.20(7)
Criminal Law Extradition Law Extradition Under European Arrest Warrant Deliberate Absence From Trial Interpretation of Extradition Act 2003 S.20(7)

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Parties

The District Court in Martin, The Slovak Republic

Claimant

Zigmund

Defendant

Procedural Posture

Extradition Appeal / Appeal From District Judge's Discharge Order

Legal Issues

  1. 1 Whether the respondent deliberately absented himself from his trial under s.20(7) Extradition Act 2003
  2. 2 Whether the facts are distinguishable from Bleta and Mucelli

Ratio Decidendi

The respondent, having confessed, studied the police file, and left the jurisdiction knowing trial was imminent, deliberately absented himself from his trial; the facts are distinguishable from Bleta and Mucelli, so the District Judge ought not to have discharged him.

Court Disposition

Appeal allowed

Orders

  • Quash the order discharging the respondent
  • Remit the case to the District Judge