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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Malinowski v Judge Maria Derela Court In Kielce Poland [2013] EWHC 314 (Admin) (31 January 2013)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2013/314.html
Cite as: [2013] EWHC 314 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
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| MALINOWSKI | Claimant | |
| v | ||
| JUDGE MARIA DERELA COURT IN KIELCE POLAND | Defendant |
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Mr N Hearn (instructed by CPS) appeared on behalf of the Defendant
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- MR JUSTICE COLLINS: It is accepted that apart from the medical problems that this appellant faces, there is no reason why he should not be returned to Poland to serve the sentences totalling it would seem two and a half years for offences of theft and manslaughter of which he was convicted in Poland.
- The problem that has arisen is because he has had to have an operation which attempted to deal with problems in relation to his ability to urinate and pain in that area. The operation unfortunately did not produce the result that was hoped and I am told by Miss Hill this morning that, having seen him yesterday, she was informed that he has had a notice that he should have an urgent examination by the urologist and it is apparently anticipated that that will take place within the next week or so.
- What will result thereafter as to his fitness to be returned will depend upon any report that is then produced by the urologist. I make it plain that if it is a question of a need for treatment there is no reason to doubt that that treatment can be carried out in Poland. However, as the matter stands, since I am informed that there is this indication of an urgent need for referral it obviously would be wrong to set the extradition process finally in motion until we know what the actual position is.
- Accordingly, what I propose to do is to dismiss this appeal because it is recognised as I have said that he will have to be returned in due course, but that order dismissing the appeal will not come into effect immediately. First of all what is required is a notification in writing to the court within the next seven days indicating why that referral has been needed. Once the examination has taken place there must be produced a further report which indicates what the position is following the examination. Those reports, which must be produced as soon as possible after the examination and within seven days of today so far as the initial indication is concerned, will be put before me and they of course must be served upon on the respondent. Any representations on each side can be put in writing. If there is a real issue which needs to be determined and the parties cannot agree on the right date for the order to come into effect then it may be necessary to have a further hearing. I hope it will not be and if the matter can be dealt with despite there being no final agreement as to date on papers then I will fix the date on the papers. It obviously must be dealt with as soon as reasonably practical.
- On that basis, can you between you just draw up the order, because it is a slightly complicated one, so that the court gets it right.
- MISS HILL: Very grateful, thank you.