Kurganas v Prosecutors General Office Lithuania

A person who has deliberately fled the requesting state after becoming aware of serious criminal allegations cannot rely on the passage of time to establish oppression under section 14 of the Extradition Act 2003. Article 8 of the European Convention on Human Rights does not ordinarily prevent extradition where the person has no children or close family ties in the United Kingdom. The appellate court will not disturb factual findings by the district judge where there is no proper basis for doing so.

The appellant appealed against an order made by District Judge Zani at Westminster Magistrates’ Court on 6 December 2012. The order required his extradition to Lithuania to face allegations of forgery and swindling arising from conduct in 2005.

The district judge found that the appellant had come to the United Kingdom knowing that he was wanted in connection with serious allegations of dishonesty. The appeal concerned whether those findings should be disturbed and whether the appellant could rely on the passage of time under section 14 of the Extradition Act 2003, or on Article 8 of the European Convention on Human Rights.

1. The appeal was dismissed. The district judge’s order for extradition was plainly open to him on the evidence.

2. The High Court could in principle overturn the district judge’s factual findings, but there was no conceivable basis for doing so. The district judge was entitled to reject the appellant’s evidence and to find that he had travelled to the United Kingdom in 2005 knowing that he had been accused of serious dishonesty.

3. A person who is a fugitive from justice cannot rely on the protection against oppression arising from the passage of time under section 14 of the Extradition Act 2003. The appellant was properly treated as a classic fugitive because he had left Lithuania with knowledge of the allegations and remained in the United Kingdom.

4. The appellant could not establish a basis for resisting extradition under Article 8 of the European Convention on Human Rights. He had no children and no close family in the United Kingdom. The Article 8 argument was therefore not pursued.

5. The usual order was made in respect of legally aided costs.

• High Court (Administrative Court): Kurganas v Prosecutors General Office Lithuania, [2013] EWHC 256 (Admin), appeal dismissed.
• Westminster Magistrates’ Court: District Judge Zani ordered extradition to Lithuania on 6 December 2012.