Martin Henley, instructed by Anna Matelska of AM International Solicitors has successfully appealed the extradition of his client.
Ogreanu v Italy [2020] EWHC 1254 (Admin)
Leading case, Fordham J decided that a generic ‘essay style’ document from the Ministry of Justice in Italy did not answer the fact specific questions with regard to in absentia retrial rights as set down in s20 of the Extradition Act 2003 and Article 6A of the Framework decision. This document had been used in other Italian extradition cases. It is now clear that the document, on its own, is insufficient to establish re-trial rights.