Republic of Poland V Zbigniew Malachowski
| Jurisdiction | Northern Ireland |
| Judge | Her Honour Judge Smyth |
| Judgment Date | 26 May 2016 |
| Neutral Citation | [2016] NICty 2 |
| Court | County Court (Northern Ireland) |
| Date | 26 May 2016 |
1
Neutral Citation No: [2016] NICty 2
Ref:
Judgment: approved by the Court for handing down
Delivered
26 May 2016
(subject to editorial corrections)*
In the County Court for the Division of Belfast
In the matter of the Extradition Act 2003
Between
REPUBLIC OF POLAND
Applicant
V
ZBIGNIEW MALACHOWSKI
Defendant
Her Honour Judge Smyth
Introduction
1. This is an application by the requesting state Poland (RS) for extradition of the
requested person, Zbigniew Malachowski (RP) pursuant to the Extradition
Act 2003 (the Act). I am grateful to both counsel for their very helpful
submissions and authorities.
2. The application relates to a European Arrest Warrant (EAW), issued on 7th
June 2013 for an offence of theft in the sum of approximately £550 allegedly
committed between 30th June 2005 - 30th August 2005. The complainant is the
RP’s former employer, a company known as Master Bot. The offence carries a
maximum sentence of three years’ imprisonment.
2
3. The warrant is an accusation warrant. By letter dated 28th March 2014, the
regional prosecutor’s office in Lomza, set out the following chronology:
• On 12th December 2005, the “aggrieved person” reported an offence to
the Police
• On 21st December 2005, the investigation was started
• On 1st February 2006, a decision was made to present charges against
the RP
• On 16th February 2006, the prosecution issued an arrest warrant after it
was discovered that the RP was not at his place of permanent residence
• On 29th June 2007, the charge was changed as a result of evidence
gathered in the investigation
• On 18th March 2008, as a result of the change of charge, the Lomza
district court passed a new decision on the temporary detention of the
RP
• Searches conducted by the Polish Police revealed that the RP might be
staying in the USA or [Ireland]
• On 11th April 2013 the city police in Lomza informed the prosecutor
that the RP was staying in Northern Ireland
• On 29th May 2013, the prosecutor drew up a motion to issue an EAW
• On 7th June 2013, Lomza District Court issued the EAW
The Extradition Proceedings
4. The EAW was executed on 13th March 2014. The court was told that the RP
had lived and worked in Northern Ireland since 2005 and released him on bail
without objection. After further review, a timetable was set down for final
hearing on 26th September 2014.
To continue reading
Request your trial