QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF HARRISON||Claimant|
|SPANISH JUDICIAL AUTHORITY||Defendant|
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Mr J Stansfeld (instructed by CPS) appeared on behalf of the Defendant
Crown Copyright ©
"On 19/8/2000 at about 11.30 pm, a civil guard patrol car located a Nissan [the registration number given] leaving the car park of the residential area in ... The car was being driven by Daniel Harrison. Lloyd Seymour Pinnock was the co-driver and Jacque Cardolos, who gave the alias of Mark Chester was sitting in the back. When they noticed the presence of the civil guard the car tried to reverse and that led that it was intercepted by the civil guard and then that Lloyd Seymour passed a bag to the passenger in the back. The bag contained 910 MDMA pills with a net weight of 246.62 grams, an average purity of 34%. At the moment of the arrest Jacque Cardolos tried to run away on foot and was overpowered by the police."
"I went to Ibiza for a holiday on 19th August 2000. I was then going to start working there, as I met a man who offered me a job in a nightclub, running the music et cetera. On 19th August I was driving in Ibiza when the civil guard stopped me. Upon being stopped both passengers in my car, Mark Chester and Lloyd Seymour, ran away. The police grabbed me and put me on the floor. I was then taken to a police station...
I didn't go on holiday with Lloyd Seymour or Mark Chester, I just met them that day and they asked me to give them a lift as I had a car."
He then described how he appeared at court and having done so was taken back to prison, and once the £10,000 had been paid, he was told he could go and he was released. He alleged, and repeated this in evidence:
"The court in Spain didn't tell me anything, they didn't tell me I had to attend court again or anything to that effect. As far as I am aware everything was resolved once I paid £10,000 to the police. As soon as I was let out of prison I went to my apartment and packed my bags to come home. I wanted to leave as soon as possible. The incident had broken my spirit so I wanted to get home straightaway. I no longer wanted to work at the nightclub and I left a few days after the initial arrest."
He then went on to say that since returning to this country he had been living openly under his real name at his mother's address and then at an address in the same street and that he has five children here in England. He does not live with his family but sees them regularly.
"As stated in the European Arrest Warrant he was arrested on 19/8/2000. When he was released he was informed about his duties resulting from that situation since the judicial liability resulting from this case still pending as this case would not definitely be concluded since there is the final judgment with its enforcement.
On 4/9/2000 a bail of 2.5 million Pesetas was paid at the Bank of Bilbao Espana so as to his liability to appear at court which might be in charge of his prosecution whenever he was summoned as well as to ensure his pretrial release. Never a fine. Since so far as no hearing against him has been held.
The very first thing to be done when a person is arrested in Spain is to inform him or her about his or her rights, and about the offence of which he or she is charged. Therefore he was obviously informed about these points. That information is carried out in writing, the arrested subject signing a proof of their rights and dispatched law when arrested. All steps taken with the arrested subject in the civil guard the court of Ibiza were performed before a translator so they are always informed about every question, charge, right and duty." (quote unchecked)
"10. Was Mr Harrison a fugitive from justice? The onus in demonstrating that he deliberately absented himself lies with the requesting judicial authority. This must be demonstrated beyond reasonable doubt (see Mitoi v Government of Romania  EWHC (Admin) 1977.)
11. There is no doubt in my mind that Mr Harrison was aware of the proceedings as by his own clear admission he was arrested, taken into custody, detained and then brought before a court. He was remanded into custody for some three weeks before ... the substantial £10,000 security was deposited on his behalf. He was then given back his passport and returned to the UK. All this happened in August/September 2000. In evidence he said he had not given thought to what had happened to the £10,000, that is to say whether it was refundable or whether it had been forfeited. He said he made arrangements to repay the money to his brother."
"I think there is a very strong argument Mr Harrison does fulfil the meaning of being a fugitive ... and he was well aware of the proceedings, he having been arrested and subsequently released by the Spanish court albeit his passport had been returned to him, that is not conclusive that the proceedings had somehow come to an end. Mr Harrison chose not to make any enquiries of the Spanish authorities and I suspect they hoped they would simply go away. It is to be noted as previously mentioned the European Arrest Warrant does not appear to have any address for Mr Harrison."
"The delay in the proceedings has been caused among other reasons by the change of the court which commenced the case. New courts had to be created due to the amount of cases when a certain number of cases was reached. Under the Spanish law civil and criminal matters have to be separated and therefore civil and criminal laws had to be created with their appropriate deliberate transfer and knowledge of the case by the judges. Also, since the accused subject left the country it always takes longer to communicate any concerning terms."