Martin Henley, instructed by James Chaplin of Hollingsworth Edwards, has successfully secured the discharge of a reissued EAW for his client.
Florea v Italy 2020 WMC
An absence of information with regard to in absentia retrial rights had resulted in a previous EAW being discharged. The reissued EAW was on very similar terms and sought to rely on the same document as had been produced in Ogreanu to establish retrial rights. In the light of that case the Judicial Authority conceded that there was still no information upon which the court could satisfy itself that Mr Florea would receive a retrial. They applied for an adjournment which was refused and Mr Florea discharged.
This case is a salutary lesson about the unfairness of in absentia trials in civil law jurisdictions. Our client, a man of good character, was accused of a crime committed 14 years ago. The Italians had no identification evidence at all, not even a photograph. He knows not how they got his name and birth date but believes he may have had his identity stolen. The trial took place some 9 years after the event in his absence.
Martin Henley’s full profile: https://greatjames.co.uk/members/martin-henley/