DRAFT
If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person. |
This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. |
 IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISION ADMINISTRATIVE COURT | No. CO/3633/2021 |
Royal Courts of Justice
Before:
MRS JUSTICE WHIPPLE
B E T W E E N :
JALIL Applicant
- and -
COURT OF APPEAL OF THESSALONIKI (GREECE) Respondent
_________
MR B. JOYES appeared on behalf of the Applicant.
MR T. COCKCROFT appeared on behalf of the Respondent.
_________
JUDGMENT
(Transcript prepared using extremely poor quality audio recording)
MRS JUSTICE WHIPPLE:
I have considered this case carefully and I have spent time reading into it in advance. I am going to refuse bail, I am afraid. That is on the basis that this is a conviction warrant to which no right to bail attaches. The sentence in Greece is a long one, it is excess of ten years. Evidence produced by the applicant from a Greek legal expert suggests that the applicant will be given a much shorter sentence on appeal or retrial; but that evidence has not been tested and it seems to me that it is for the district judge in the magistrates’ court, who hears the appeal, to determine its merits. Of course, I note the community ties and I note the applicant’s poor health, but in my judgment there remains a significant risk that the applicant would fail to surrender to custody. Taking account of the seriousness of this offence and the penalty imposed and the fact that he has not yet had his appeal, there is still much for the fact-finding tribunal to determine. (inaudible)
The case is currently pending before the Westminster Magistrates’ Court. The case will conclude in January and in all the circumstances I am not persuaded that this is a proper case for the applicant to be admitted to bail. I daresay the position can be reviewed once the Westminster Magistrates’ Court has considered the matter substantively.
MRS JUSTICE WHIPPLE: Thank you very much, both of you, for your time. Can I ask the court associate, can you draw up the order (inaudible) associate?
COURT ASSOCIATE: I can do that, my Lady.
MRS JUSTICE WHIPPLE: I am very grateful. Thank you, everybody, for your attendance here today in this hearing (inaudible).
MISS BROWN: Thank you, my Lady.
__________