Zbigniew Skiba v District Court of Legnica Poland
| Jurisdiction | England & Wales |
| Judge | Mr Justice Bean |
| Judgment Date | 11 November 2013 |
| Neutral Citation | [2013] EWHC 3707 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 11 November 2013 |
| Docket Number | CO/10354/2013 |
[2013] EWHC 3707 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Bean
CO/10354/2013
Miss M Westcott (instructed by Kaim Todner) appeared on behalf of the Appellant
Ms A Nice (instructed by Crown Prosecution Service) appeared on behalf of the Respondent
Zbigniew Skiba appeals against an order of District Judge Rose on 26 July 2013 ordering his extradition to Poland on a European Arrest Warrant with two charges. I note that part of the history is that there had been an earlier European Arrest Warrant against Mr Skiba which did not disclose an extradition offence and he was discharged in respect of that warrant. The second warrant is the one on which the District Judge ordered his extradition. It is a conviction case. The conviction, which was rendered final on 5 September 2007, concerned two counts. The first was that the appellant misappropriated cars. It is accepted by the appellant, at least in this court, that this would amount to theft in this jurisdiction and that it therefore amounts to an extradition offence.
The second allegation is put in the warrant in these terms:
"In a period from January to February 2006 in Legnica, being the owner of the M & M Petrol company, he destroyed documents connected with running of the said company in form of the liabilities part of the financial documents acknowledging leasing of the cars being the subject of leasing of which he had no right to dispose solely, and he committed the said act having been earlier sentenced by a cumulative judgment rendered by District Court in Legnica on 31 March 2003."
As the case stood before the District Judge, it was clear that the two charges were linked. The second charge was said to correspond with the English offence of false accounting. The District Judge was prepared to draw the inference from the connection between the two offences and the evidence he heard from Mr Skiba that the destruction of the company documents was done dishonestly.
Since the District Judge's...
To continue reading
Request your trial