Republic of Poland v Kamil Czerwonobroda
| Jurisdiction | Northern Ireland |
| Judge | Maguire LJ |
| Judgment Date | 10 June 2022 |
| Neutral Citation | [2022] NIQB 44 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 10 June 2022 |
1
Neutral Citation No: [2022] NIQB 44
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: MAG11822
ICOS No: 20/081451
Delivered: 10/06/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
DIVISIONAL COURT
___________
REPUBLIC OF POLAND
v
KAMIL CZERWONOBRODA
___________
APPLICATION FOR LEAVE TO APPEAL AGAINST EXTRADITION TO THE
FULL DIVISIONAL COURT
___________
Mr O’Donoghue QC with Mr Devine BL (instructed by Gillen and Co, Solicitors)
for the Applicant
Dr McGleenan QC with Ms McDermott BL (instructed by the Crown Solicitor’s Office)
for the Respondent
___________
Before: Keegan LCJ, Treacy LJ and Maguire LJ
___________
MAGUIRE LJ (delivering the judgment of the court)
Introduction
[1] This is an application by the applicant, Kamil Czerwonobroda, (hereinafter
the requested person, “RP”), to renew before the Divisional Court his application for
leave to appeal against a decision by the appropriate judge to extradite him to
Poland. The single judge in the High Court, McFarland J, on 25 May 2021 refused
him leave to appeal.
2
Background
[2] The sequence of events giving rise to the present application was as follows:
(a) A European Arrest Warrant (“EAW”) seeking the arrest of the RP was issued
on 27 February 2020.
(b) The EAW which emanated from Poland was certified by the National Crime
Agency on 19 November 2020.
(c) The EAW was directed to the RP and is in the form of an accusation warrant.
(d) The requesting state (“RS”) is Poland.
(e) The accusation warrant facing the RP is in the form of a request to the
requested state to return him to Poland to face charges relating to the alleged
possession, manufacture and supply of cannabis, amphetamines and ecstasy.
(f) Each charge, according to the RS, carried a maximum sentence in the region
of 15 years’ imprisonment.
(g) The RP was located within Northern Ireland and was duly arrested on
24 November 2020.
(h) In the usual way, the RP was produced before Belfast Recorder’s Court and
was remanded into custody.
(i) It appears that the RP and his Polish partner, together with their daughter,
who had been born on 28 July 2018 and was a British citizen, had been living
in Northern Ireland.
(j) The case in respect of the RP’s extradition to Poland was heard before the
appropriate judge, His Honour Judge Miller QC, on 30 April 2021.
(k) Extradition was resisted by the RP on human rights grounds invoking article
8 of the European Convention on Human Rights (“ECHR”). It was argued on
the RP’s behalf that it would breach his article 8 rights if he was extradited
and that he should be permitted to remain in the United Kingdom to support
his family.
(l) The appropriate judge dismissed the RP’s ground of appeal as above and
ordered his extradition.
(m) On 6 May 2021 the RP sought to obtain leave to appeal against his extradition
on the ground that it breached article 8 of the ECHR – the same ground which
had been rejected before the appropriate judge.
To continue reading
Request your trial
1 cases
-
Regional Court in Elblag in the Republic of Poland and Krzysztof Jozef Duda
...exercised the power in s54(9) and adjourned the consent hearing. [41] The decision of the Divisional Court in Poland v Czerwonobroda [2022] NIQB 44 was handed down in June 2022 and, thereafter, certain additional written and oral submissions were made before me. [42] The consent hearing con......