Conclusion: Ground 1
Conclusion: Ground 1
Limb 1 has been accepted. Limb 2 has been proved by the respondent, notwithstanding the new evidence about Romanian procedure and the indicting stage. With both Limbs 1 and 2 proved, I am completely satisfied that the section 20 test is proved: the appellant deliberately absented himself from his trial. This is unquestionably an unequivocal waiver of his article 6 rights. The Judge’s decision was not wrong. It should not be answered differently.
Therefore, section 20 provides no bar to an extradition order in this case. I proceed to consider the article 8 arguments.
V - Ground 2 (article 8)
I have full regard to the cardinal principles in Norris, HH, Celinski and Andrysiewicz in approaching the article 8 dispute between the parties.
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