QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE CRANE
IN THE MATTER OF AN APPLICATION FOR A WRIT OF HABEAS CORPUS AD SUBJUDICIENDEM
IN THE MATTER OF THE EXTRADITION ACT 1989
|MARK RICHARD OSAWE||(CLAIMANT)|
|THE GOVERNOR OF HM PRISON BRIXTON||(DEFENDANT)|
Smith Bernal Wordwave Limited
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(Official Shorthand Writers to the Court)
MR P CALDWELL appeared on behalf of the DEFENDANT
Crown Copyright ©
"He left Germany in early 1993 as his asylum request there was refused and he was to be deported back to Nigeria. He travelled through various European countries before arriving in the UK in 1995. He has had temporary permission to reside here since then while his asylum application has been considered".
"Born 31 March 1969 in Benin City, Nigeria ... current whereabouts unknown".
"Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any representations made in support of the extradition request or on behalf of that person, that the offence to which the authority relates is an extradition crime ... the court, unless his committal is prohibited by any other provision of this Act shall commit him to custody on bail --
(i) to await the Secretary of State's decision as to his return; and
(ii) if the Secretary of State decides that he shall be returned, to await his return".
"(a) particulars of the person whose return is requested;
(b) particulars of the offence of which he is accused ... sufficient to justify the issue of a warrant for his arrest under the Act;
(c) in the case of a person accused of an offence a warrant ... for his arrest issued in the foreign state".
"(3) Without prejudice to any jurisdiction of the High Court apart from this section, the court shall order the applicant's discharge if it appears to the court in relation to the offence, or each of the offences, in respect of which the applicant's return is sought, that ...
(b) by reason of the passage of time since he is alleged to have committed it ...
it would, having regard to all the circumstances, be unjust or oppressive to return him".
"'Unjust' in that context is directed primarily to the risk of prejudice to the accused in the conduct of the trial itself and 'oppressive' is directed to hardship to the accused resulting from changes in his circumstances during the period to be taken into consideration, although there may be some overlapping between the two concepts".
"According to the above information, therefore, up to November 2001 there was only a national search in respect of the accused person since the officials responsible at the public prosecution office until that time were of the opinion that an international alert was not necessary and would have no prospect of success. It can be supposed in retrospect that issuing an international alert at an earlier point in time would have led to an arrest abroad at an earlier time".
"If the defendants application is dismissed, then the requesting state can seek an order for costs against the defendant on the usual _inter partes_ basis".