NEWS: Iain G Mitchell QC scores success in Extradition case

Posted On: 30 June 2010

A man convicted of robbing an Australian Bank fled the jurisdiction whilst on Bail and facing further charges. After two years in England, his whereabouts became known to the Australian authorities when he was convicted of a bank robbery in Manchester (a conviction later quashed by the Court of Appeal as a miscarriage of justice).

Upon his release, he left for Scotland where he lived for nearly twenty years before extradition proceedings were finally brought to return him to Australia.

Iain G Mitchell QC, arguing that to return him now would be oppressive, secured his discharge. Under normal circumstances the length of and responsibility for delay is irrelevant where an accused has fled the jurisdiction, but Mr Mitchell QC successfully argued that this was (as the court found) "a most exceptional case" and that the oppression involved in returning the accused to Australia was so great that it was not necessary to go on to consider whether it might also be unfair to do so.

For the full judgement, click here. [pdf-52.6kB]