The Appeal/Application
The Appeal/Application
An application for permission to appeal was lodged on 12 July 2024. Perfected grounds were filed on 31 August 2024. Permission to appeal was refused by Bennathan J on 27 March 2025. Renewal grounds were filed on 4 April 2025. An application to adduce fresh evidence was served on 20 June 2025.
An oral renewal hearing was held before Hill J on 24 June 2025. Permission to appeal was granted in respect of section 12A (the absence of a prosecution decision) and section 21A (proportionality). The determination of permission in respect of section 25 (that extradition would be unjust or oppressive) and section 21/Article 8 ECHR was adjourned to the substantive hearing, which was to proceed as a “rolled up” hearing in relation to these grounds. The Appellant’s application to adduce fresh evidence (dated 20 June 2025) was granted. This related to:
An updated proof of evidence of the Appellant, dated 19 June 2025;
A Consultation Information Sheet, 27 May 2025;
An updating letter from Appellant’s GP, dated 2 May 2025;
An updating report from Dr Filo, dated 21 May 2025.
Hill J also granted the Appellant’s application to extend the representation order to allow the instruction of Dr Iyer, a Consultant Respiratory and Sleep Physician. The Appellant now seeks permission to introduce his evidence in the form of a report dated 17 October 2025.
- Heading
- Introduction
- The Arrest Warrants
- AW 2
- The Extradition Hearing
- The Appeal/Application
- The Grounds of Appeal
- Ground 2 – Section 25 in respect of AW 1 and AW 2
- Ground 3 – Section 21A / Article 8 ECHR in respect of AW1 and AW2
- The Appellant’s Health
- Fugitivity
- Delay
- Gravity of Offending
- Impact on Family
- Overall Conclusion on Article 8 grounds
- Ground 4 - AW2 whether disproportionate section 21A(1)(b)
- Seriousness of the Conduct ( Section 21 A(3)(a))
- Likely Penalty ( Section 21 A(3)(b))
- Less Coercive Measures ( Section 21 A(3)(c))
- Conclusions
- Ground 1 – Section 12A in respect of AW 2 only: absence of a decision to charge or try
- Discussion and Conclusion
- Fresh Evidence
- Conclusions
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