QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE GIBBS
|THE COURT OF MAGISTRATES, MALTA||Defendant|
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Miss G Lindfield (instructed by CPS (Special Crime Division)) appeared on behalf of the Defendant
Crown Copyright ©
"An argument broke out and Haynes physically attacked Joseph and Maryanne Attard and David Shepherd, punching and kicking them around the head and body. Each suffered various injuries, including cuts and bruises which required medical attention. David Shepherd who was struck to the head, groin, chest and abdomen received life threatening injuries and was hospitalised for internal bleeding."
Reference is also made to minor matters such as damage to the motor car.
"(3 counts) Wilful Offences Against the Person: Art 214, 216, 218, 221 Criminal Code [CC]; (1 count) Crimes Against Public Safety and Injury to Property: Art 328CC; (1 count) Contravention Affecting Public Order: Art 338(dd)CC ...; (1 count) Violations of the Motor Vehicle Regulations; obstruction to traffic Section 55(3) second schedule... NB Of above in Relation to Framework List below ONLY: (3 counts) Wilful Offences Against the Person: Art 214, 216, 218, CC."
"It sets out a list of offences which have been conveniently labelled 'framework offences'. These are not so much specific offences as kinds of criminal conduct, described in very general terms."
The warrant itself describes them as "offences punishable in the issuing member state by custodial sentence or detention of a maximum of three years as defined by the laws of the issuing member State." The warrant contains a pro forma list of such offences. The category said to be applicable in this case is identified by a tick or a mark in the box next to "murder, grievous bodily injury".
"Slight bodily harm; Art 221 CC (A bodily harm which does not produce permanent disability of the health ,...of a body organ, or permanent defect or mental infirmity or serious disfigurement of the face, neck, or hands. Involuntary damage: Art 328(d)CC (Causing involuntary damage to property through imprudence, negligence or non-observance of any regulation). Wilfully disturbing the public good order or the publicpeace; Art 338(dd)CC. Causing an obstruction to traffic: Sec 55 Second Schedule."
"Nine years for bodily harm (3 counts); six months for involuntary damage to property (1 count); three months for disturbing the public peace; fine... for traffic violation obstruction of traffic (1 count)."
"The offences for which his return is being requested are for three counts of grievous bodily harm against three persons (David Shepherd, Joseph Attard and Maryanne Attard).
In relation to the Attards, Haynes is also accused of causing different injuries of a slight nature. In terms of Maltese law, the causing of slight body harm is punishable by maximum penalty of 3 months' imprisonment and the reason mention was made of this fact is in order to present a complete picture to the esteemed United Kingdom judicial authorities, as one is obliged to do so in terms of the Framework Decision on the EAW."
"(2) The conduct constitutes an extradition offence in relation to the category 1 territory if these conditions are satisfied—
(a) the conduct occurs in the category 1 territory and no part of it occurs in the United Kingdom;
(b) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list;
(c) the certificate shows that the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 3 years or a greater punishment."
Reference has also been made to section 64(3). It does not seem to me that anything turns on that for present purposes.
"...the court will require to be persuaded that there is some good reason for the material not having been made available to the District Judge. And where there could be any suggestion of the appellant 'keeping his powder dry' he must expect the Court to view any application to rely on such evidence with some scepticism."
We have been told by Mr Butt of the difficulties of getting the material from the appellant's Maltese lawyers, but we do not have a clear picture of the position, nor any supporting evidence. From what we have been told, however, I do not think the appellant can be accused of deliberately keeping his powder dry for this appeal.