Owens v City of Westminster Magistrates' Court, Court of Appeal - Administrative Court, June 08, 2009, [2009] EWHC 1343 (Admin)
Linked as:
Extract
Owens v City of Westminster Magistrates' Court, Court of Appeal - Administrative Court, June 08, 2009, [2009] EWHC 1343 (Admin)
SMITH BERNAL WORDWAVE
Neutral Citation Number: [2009] EWHC 1343 (Admin)Case No. CO/5173/2009 IN THE HIGH COURT OF JUSTICEQUEEN'S BENCH DIVISION DIVISIONAL COURT Royal Courts of Justice StrandLondon WC2A 2LL Date: Monday, 8th June 2009 B e f o r e:LORD JUSTICE PILL MR JUSTICE CRANSTON - - - - - - - - - - - - - - - Between: GARY SAMUEL OWENS Claimant v CITY OF WESTMINSTER MAGISTRATES' COURTDefendant(1) THE COURT OF FIRST INSTANCE, MARBELLA, SPAIN(2) THE SERIOUS ORGANISED CRIME AGENCYInterested Parties - - - - - - - - - - - - - - - Computer-Aided Transcript of the Stenograph Notes of WordWave International LimitedA Merrill Communications Company 190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)- - - - - - - - - - - - - - - Mark Summers (instructed by Hayes Law) appeared on behalf of the Claimant (Adam Sandell appeared for judgment)The Defendant was not represented and did not attendRachel Scott (instructed by the Crown Prosecution Service) appeared on behalf of the First Interested PartyBen Watson (instructed by the Treasury Solicitor) appeared on behalf of the Second Interested Party (Bo-Eun Jung appeared for judgment) - - - - - - - - - - - - - - - J U D G M E N T 1. LORD JUSTICE PILL: This is an application for a writ of habeas corpus arising out of a decision of District Judge CSR Tubbs at the City of Westminster Magistrates' Court (CWMC) on 27th May 2009. The District Judge refused an application by Gary Samuel Owens, the applicant, who was subject to an order for extradition to Spain, to be discharged under section 36(8) of the Extradition Act 2003 ("the 2003 Act"). The applicant challenges that finding and seeks his discharge.2. On 2nd April 1991 the applicant was arrested in Tenerife and transferred to the court of first instance at Marbella for offences of murder and robbery alleged to have been committed in Marbella in February 1991. He was later released on bail and, in 1995, left the jurisdiction of that court and came to the United Kingdom. A detention order was issued. Eventually, on 6th August 2007, by means of a European Arrest Warrant (EAW), the extradition of the applicant was requested by the court of first instance, number 4 of Marbella, an interested party, in respect of the alleged offences. 3. Spain has been designated a category 1 territory pursuant to section 1 of the 2003 Act. The warrant was received by the Serious Organised Crime Agency (SOCA), also an interested party, and an authority designated by the Secretary of State for the purposes of Part I of the Act. The EAW was certified by SOCA u...See the full content of this document
Sponsored links
