Case No. UKUT-00294-(IAC)

21. The second intervention by the Divisional Court noted above was the impetus for the issue of the fourth EAW by the Spanish Judicial Authority, on 23 October 2015. The Appellant appealed. By his decision dated 14 June 2016 the Senior District Judge found that there was no bar to extradition and made the Order culminating in the third of the Divisional Court’s decisions, which is dated 25 November 2016. It is pertinent to note that by this stage the extradition order was confined to the first of the two offences specified in the fourth EAW namely membership of a proscribed terrorist organisation (ETA), the Senior District Judge having discharged the Appellant in respect of the document falsification offence. It is also appropriate to note that in the extradition proceedings, the Appellant’s case relied heavily on the evidence of two experts, Mr Woodworth and Mr Casanova. All of this evidence, with the exception of some modest updating, was laid before the FtT.