QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE WALKER
|PETER VON DER PAHLEN||(CLAIMANT)|
|THE GOVERNMENT OF AUSTRIA||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MS EDINA EZEKIEL (instructed by the CPS) appeared on behalf of the DEFENDANT
Crown Copyright ©
"Description of the circumstances in which the offence(s) was (were) committed, including the time, place and degree of participation in the offence(s) by the requested person.
(1) Peter von der PAHLEN is urgently suspected of having committed the offence of severe and professional fraud according to ss. 146, 147/3, 148, 2nd case Austrian Criminal Code by being the director of DR LIVINGSTON & FEUKER LTD in the period between 25/10/2003 and 30/12/2003, first as a managing director according to trade law and then as an actual director. In this capacity acting with fraudulent intention as of the year 2003 in Lower Austria, Vienna and Styris, intending to enrich himself unlawfully through the behaviour of the deceived persons and to receive a continuous income by repeatedly committing frauds
a) by deceiving various persons willing to buy a house pretending to sell single family houses thus making them pay advance payments,
b) by deceiving various companies on facts, that is by pretending to arrange for
building contracts, delivery of materials and making professional construction works seducing them act in a way that damaged them on their property to a total amount exceeding €50,000.
(2) Moreover, Peter von der PAHLEN is urgently suspected of having committed the crime of dishonest dealings according to s. 153/1 and /2 Austrian Criminal Code by having misused his authorization to dispose of foreign property in the period until October 2003 in Gänserndorf and Mistelbach acting as a director of DR LIVINGSTON & FEUKER LTD and as of 25/10/2003 acting in his capacity as a managing director and authorized signatory of DRAGON Bau GmbH, by taking unjustified money from the business account of DRAGON Bau Gmbh at the ERSTE BANK in 2130 Mistelbach in favour of My Home Is My Castle Limited, Clifford Administration Limited and Paris London Limited, or had intended to take it, thus causing a damage to DRAGON Bau Gmbh exceeding €50,000.
(3) Moreover, Peter von der PAHLEN is urgently suspected of having committed the crime of faked bankruptcy according to s. 156/1 and /2 Austrian Criminal Code by having taken the payments for works from some customers in the period until October 2003 in Gänserndorf and Mistelbach acting as a director of Dr LIVINGSTON & FEUKER LTD and as of 25/10/2003 acting in his capacity as a managing director and authorized signatory of DRAGON Bau GmbH, and then invoicing the DRAGON Bau GmbH partially with claims of suppliers from these works, thus pretending non existing liabilities of DRAGON Bau GmbH, and by doing so fictitiously reducing the property of the DRAGON Bau GmbH, that is at least having reduced the satisfaction of creditors, thus causing a damage exceeding €50,000."
"(2) A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains-
(a) ... the information referred to in subsection (4) ...
(4) The information is-
(c) particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence, the time and place at which he is alleged to have committed the offence and any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence."
The section 2(4)(c) issue was not raised before the district judge.
"23 ... The system has, of course, been designed to protect rights. Trust in its ability to provide that protection will be earned by a careful observance of the procedures that have been laid down ...
"24 ... But the liberty of the subject is at stake here, and generosity must be balanced against the rights of the persons who are sought to be removed under these procedures. They are entitled to expect the courts to see that the procedures are adhered to according to the requirements laid down in the statute."