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[Nickbat]

"A football fan facing two years in prison in Portugal over a riot during Euro 2004 has lost his legal battle against extradition even though a senior judge said he had been the victim of a 'serious injustice'."

"...The day long trial Albufeira was condemned as a “farce” by one British police observer, the High Court was told. "

http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/7026434/Football-fan-Garry-Mann-loses-Portuguese-extradition-battle-despite-serious-injustice.html

As Richard North notes:

"Lord Justice Moses said that he was powerless to block another court's decision to send Garry Mann to serve the sentence in a Portuguese jail because of fast-track extradition rules but suggested that the Government or European Court of Human Rights should step in.

That is the wonderful EU for you. What price sovereignty, when even a High Court judge cannot protect a British citizen."

http://eureferendum.blogspot.com/2010/01/serious-injustice.html

When will we rid ourselves of this wretched scourge? (The EU)

 

[Banjax]

it would be a senior District Judge from the UK who has cleared the extradition order, so a British judge has looked at the evidence and decided that he should serve time in Portugal....

i don't know the facts of the case in great detail, but it's funny how many "innocent" football hooligans are arrested 

[Dishevelled Den]

That's the natural consequence of having the sovereignty of this nation sacrificed by successive governments in the recent past – and particularly by the current one.

The allure of the homogeneous group has been great where, perversely, real power is exercised by the few and it seems, for some inexplicable reason, to have held our national leaders in thrall. 

There appears to be, however, little correlation between the ethereal desire to wield power (for its own sake in the case of the EU) where the effects of decisions made – whether good or bad - are never really felt by those wielding it and the practical application of political power, where, the people who make the decisions do so from a position of well researched and beneficial policy making and in the full expectation of being held accountable for their actions by the voting public.

In short, I’m not in the least surprised by this and would suggest that this is but the thin edge of the EU bureaucratic wedge.

[Dishevelled Den]

it would be a senior District Judge from the UK who has cleared the extradition order, so a British judge has looked at the evidence and decided that he should serve time in Portugal....

i don't know the facts of the case in great detail, but it's funny how many "innocent" football hooligans are arrested 

That may miss the point bj.

At Mann's hearing here in the UK, Justice Workman found that he (Mann) must be extradited to Portugal  - under the terms of the Extradition Act (2003) - on foot of a European arrest warrant issued by the Portuguese authorities.

That finding - whether or not it's the correct one - now appears to be final (according to Justice Moses) thereby removing the right of an accused person, a citizen of this nation, to have the mechanism available within the justice system of our own country to appeal a decision made in such circumstances.

This is a development that should concern us all; as it appears that in some areas, the EU system of justice now has priority over our own.  This cannot be right.

[Chris_H]

I'm not at all sure that this has any real link to the EU.

We have extradition arrangements with a number of countries and it is not normal to refuse on the grounds that 'their' justice system is different to ours.  The agreements are two-way and we can't abuse our end if we want to be able to make it work in reverse.

I would have thought that discussions via the Foreign Office should be able to sort out the apparent poor trial that found him guilty in the first place.

[Dishevelled Den]

I'm not at all sure that this has any real link to the EU.

We have extradition arrangements with a number of countries and it is not normal to refuse on the grounds that 'their' justice system is different to ours.  The agreements are two-way and we can't abuse our end if we want to be able to make it work in reverse.

I would have thought that discussions via the Foreign Office should be able to sort out the apparent poor trial that found him guilty in the first place.

I think the EU link is valid Chris with both the UK and Portugal being members and the terminal point for appeals against such decisions being the European Court of Human Rights and not within the judicial system of this country.

In addition when one considers the following;


The judge made clear that the controversial 2003 Extradition Act, which brought in a fast-track extradition process within Europe, left him powerless to intervene in Mr Mann’s case.

..............it can be seen that there does appear to be special arrangements within the EU which truncate the ability of an accused person (within the UK at least) to appeal controversial judicial decisions within the framework of their own national judicial system. 

This in my view is an unwelcome piece of legislation that has slapped the face of natural justice and it certainly should not depend on the intervention - however helpful or not - of politicians to ensure that justice is seen to be done – that, to my mind, (in this case) is the task of the judicial process within our own country.

[Lizzie_Zoom]

Do not overlook in this case that it was not the fast track process in itself that was at fault, but two lawyers who failed to do their paperwork correctly.

No matter how good or not a process is, it is the people who work within it who are the problem!    But of course this is yet another excuse to knock the EU

[Dishevelled Den]

Do not overlook in this case that it was not the fast track process in itself that was at fault, but two lawyers who failed to do their paperwork correctly.

No matter how good or not a process is, it is the people who work within it who are the problem!    But of course this is yet another excuse to knock the EU

Nice to see you Ms Z  8-),  irrespective of the lack of competence or otherwise of the legal representatives concerned, the 'fast track' procedure seems to denied the accused the right of appeal to the highest court within this country.

The EU certainly does need to be taken to task when these cosy arrangements are agreed without any means of objection being made available to them by the people who will be most liable to their consequences.

[Chris_H]

Do not overlook in this case that it was not the fast track process in itself that was at fault, but two lawyers who failed to do their paperwork correctly.

No matter how good or not a process is, it is the people who work within it who are the problem!    But of course this is yet another excuse to knock the EU

Nice to see you Ms Z  8-),  irrespective of the lack of competence or otherwise of the legal representatives concerned, the 'fast track' procedure seems to denied the accused the right of appeal to the highest court within this country.

The EU certainly does need to be taken to task when these cosy arrangements are made without any means of objection being made available to them by the people who will be most liable to their consequences.

Blimey!  I thought the Queen was on the case for a moment there! 

[Dishevelled Den]

Do not overlook in this case that it was not the fast track process in itself that was at fault, but two lawyers who failed to do their paperwork correctly.

No matter how good or not a process is, it is the people who work within it who are the problem!    But of course this is yet another excuse to knock the EU

Nice to see you Ms Z  8-),  irrespective of the lack of competence or otherwise of the legal representatives concerned, the 'fast track' procedure seems to denied the accused the right of appeal to the highest court within this country.

The EU certainly does need to be taken to task when these cosy arrangements are made without any means of objection being made available to them by the people who will be most liable to their consequences.

Blimey!  I thought the Queen was on the case for a moment there! 

Indeed Chris but I would also add that Ms Z is the Sovereign of many hearts within the OOF membership

[Richie London]

Do not overlook in this case that it was not the fast track process in itself that was at fault, but two lawyers who failed to do their paperwork correctly.

No matter how good or not a process is, it is the people who work within it who are the problem!    But of course this is yet another excuse to knock the EU

Nice to see you Ms Z  8-),  irrespective of the lack of competence or otherwise of the legal representatives concerned, the 'fast track' procedure seems to denied the accused the right of appeal to the highest court within this country.

The EU certainly does need to be taken to task when these cosy arrangements are made without any means of objection being made available to them by the people who will be most liable to their consequences.

Blimey!  I thought the Queen was on the case for a moment there! 

Indeed Chris but I would also add that Ms Z is the Sovereign of many hearts within the OOF membership

ive only just realised who it is. 

[Nickbat]

Do not overlook in this case that it was not the fast track process in itself that was at fault, but two lawyers who failed to do their paperwork correctly.

No matter how good or not a process is, it is the people who work within it who are the problem!    But of course this is yet another excuse to knock the EU

Any excuse is welcome, Lizzie. 

[Lizzie_Zoom]

Do not overlook in this case that it was not the fast track process in itself that was at fault, but two lawyers who failed to do their paperwork correctly.

No matter how good or not a process is, it is the people who work within it who are the problem!    But of course this is yet another excuse to knock the EU

Any excuse is welcome, Lizzie. 

Well Nick let's face it the EU does give itself up as being an easy target!