CO/4767/2012; CO/4768/2012
Royal Courts of Justice
Strand
London WC2A 2LL
B e f o r e:
MR JUSTICE BEAN
Between:
MILOSZ GOLISZEWSKI
Appellant
v
DISTRICT COURT OF LUBLIN, POLAND
Respondent
Computer-Aided Transcript of the Stenograph Notes of
WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr B Keith (instructed by Kaim Todner) appeared on behalf of the Appellant
Miss H Hinton (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
Judgment
MR JUSTICE BEAN: On this appeal by Mr Goliszewski against the decision of District Judge Evans ordering his extradition to Poland, Mr Keith, whose experience in these matters is very substantial, recognises there are no substantive grounds on which I could reverse the decision of the District Judge. But there is available to me a medical report of 13th June from Mr Kucheria, consultant orthopaedic surgeon, which indicates -- and it is not in dispute that this is genuine -- that Mr Goliszewski has continuing symptoms from a road accident on 15th April last year and that Mr Kucheria advises that the patient should have a MRI scan of his left shoulder and right knee to see what is happening.
It is notorious that there is something of a backlog in extraditions to Poland and I do not regard this as a case of immense urgency. I shall dismiss the appeal, but direct that the order to that effect is not sealed until 31st July, that is 14 days from today. That will then be the date from which the 14 day period envisaged by section 36(5) will operate, and thus it will not be until after 14th August that the authorities could extradite Mr Goliszewski to Poland. Subject to that extension of time, the appeal must be dismissed.
