The Lord Advocate Against Garnet Douglas Black
| Jurisdiction | Scotland |
| Judge | Sheriff T Welsh QC |
| Neutral Citation | [2017] SC EDIN 77 |
| Court | Sheriff Court |
| Docket Number | B692/17 |
| Date | 17 November 2017 |
| Published date | 17 November 2017 |
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
[2017] SC EDIN 77
B692/17
JUDGMENT OF SHERIFF T WELSH QC
under the Extradition Act 2003
In the cause
THE LORD ADVOCATE (FOR THE GOVERNMENT OF THE UNITED ARAB EMIRATES),
CROWN OFFICE, EDINBURGH, EH7 4AU
Applicant
Against
GARNET DOUGLAS BLACK
Respondent
Applicant: Crosbie T; Crown Office, Edinburgh
Respondent: McCluskey; Ludgate Dunn, Solicitors, Edinburgh
The Issue
[1] This case is about the rule of law and access to justice. The applicant seeks the
extradition of the respondent to the United Arab Emirates (UAE) to serve a sentence of
12 months imprisonment imposed following his conviction, in Dubai, for certain crimes of
dishonesty. The respondent resists the extradition request on the basis of an alleged flaw in
the preliminary extradition procedure. Separately, he argues that extradition is barred by
reason of extraneous considerations, such as these are defined by s 81 of the Extradition Act
2003 (the Act). He also challenges extradition because he says he will be denied certain
procedural rights, which Parliament has guaranteed by writing them into the Act, including
a right to legal aid if re-tried, should he be extradited to the UAE. Finally, he asserts that, if
granted, extradition will be incompatible with his human rights. The human rights in
2
Human Rights, as incorporated into United Kingdom domestic legislation by the Human
The Applicant
[2] The applicant is the Lord Advocate, acting on behalf of the UAE. The UAE is a
federation of seven emirates, and was established on 2 December 1971. The constituent
emirates are Abu Dhabi (which serves as the capital), Ajman, Dubai, Fujairah,
Ras al-Khaimah, Sharjah and Umm al-Quwain. Each emirate is governed by an absolute
monarch; together, they jointly form the Federal Supreme Council of the UAE. One of the
monarchs (traditionally always the Emir of Abu Dhabi) is selected as the President of the
United Arab Emirates. Islam is the official religion of the UAE and Arabic is the official
language. The ruler of Dubai is HH Sheikh Mohammad Bin Rashid Al Maktoum. For the
purposes of Part 2 of the Act, the UAE is designated a category 2 territory by the Extradition
Act 2003 (Designation of Part 2 Territories) Order 2003/3334; as amended, from June 2008, by
the Extradition Act 2003 (Amendment to Designations) Order 2008/1589 art.2. In the
Designation of Part 2 Territories Order, the UAE has not been designated for the purposes of
certain sections of the Act with the result that the UAE has to furnish evidence of a prima
facie case against a requested person in terms of s86 of the Act [see paras 53 to 55 below].
The Respondent
[3] The respondent is Garnet Douglas Black (dob 13/2/53), who was formerly a resident
of Dubai, where he worked in a senior position, as a cargo controller/managing director with
M&M Militzer & Münch LLC (M&M), formerly known as M&M Emirates Logistics, an
3
international freight distribution, shipping and logistics company, based at Dubai Airport
Free Zone Area (DAFZA). He resided in the UAE between October 2006 and October 2010.
He presently works as a bus driver in Scotland.
The Extradition Request
[4] The extradition request dated 16 July 2013 is in Arabic. The English translation
asserts inter alia that on 26 October 2010, the day the respondent left the UAE, he embezzled
$250,000, (USD) in ‘Breach of Trust’, from the bank account of M&M and misappropriated
2 cheque books of that company, one of which he used to embezzle a further $95,000 (USD)
on 27 October 2010 when he was in Hong Kong, both of which acts are contrary to Article
121/1 and Article 404/1 of the UAE Federal Criminal Code No 3 1987, as amended. It is also
said the respondent ‘escaped’ from the UAE on 26 October 2010 and once out of the country
closed all his mobile phones and has been uncontactable ever since. The alleged crimes were
reported to the local police by Mabrouk Mabrouk Mohamed Najjar, an attorney for M&M,
on 3 November 2010. Saeed Abdullah Saeed Abdullah Al-Muhairi, a director of M&M, gave
a statement in support of the complaint, to the local Dubai police, on 23 May 2011. [This
witness is the former son-in-law of the respondent. The spelling of his surname is not
uniform throughout the request and supporting documents]. The request indicates he stated
to the police that the respondent misused powers he had as a director of M&M and illegally
withdrew the missing money for his personal benefit. On 30 June 2011, the local Public
Prosecutor referred the case to the court in Dubai for prosecution. At that time, the
whereabouts of the respondent was unknown to the UAE authorities; accordingly, in terms
of Article 159 of the UAE Penal Procedure Code he was notionally cited at the General
Department of Airport Security, Dubai, on 8 March 2012 and summoned to appear at the
To continue reading
Request your trial