Zera v Court in Ostrotska Poland
| Jurisdiction | England & Wales |
| Judge | Mr Justice Collins |
| Judgment Date | 18 March 2013 |
| Neutral Citation | [2013] EWHC 911 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 18 March 2013 |
| Docket Number | CO/1093/2013 |
[2013] EWHC 911 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Collins
CO/1093/2013
The Appellant appeared in person (assisted by a Polish interpreter, Dorota Berent)
Mr D Sternberg (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
This is an appeal under section 26 of the Extradition Act 2003 against a decision of District Judge Purdy, given on 28 January 2013, directing the appellant's removal to Poland in order to face a number of charges of essentially fraudulent behaviour. The offences in question were committed (if they were) in 2000, and indeed in some cases before that; they are quite old offences. It seems that a prosecution was indeed commenced in the sense that there were some court hearings in Poland, but the appellant came to this country in 2006.
The evidence before the district judge included his signed proof of evidence given in February 2012 that he accepted that having arrived here he had received a summons to appear in court, but he ignored it because he had already found a job here.
He recognises that but for the matters which I will refer to in a moment, he has no basis for challenging his removal to Poland in order to face the charges, which he tells me he is contesting and that he is not guilty of them. But the matters that he relies on relate to his ill health. It seems that in December 2011 he was admitted to hospital with acute severe breathlessness and a life-threatening hypoxia (that is to say, lack of oxygen in his bloodstream) and he was suffering from pneumonia. The diagnosis was advanced HIV infection, and effectively he was suffering from AIDS. He was gravely ill, but treatment was given and fortunately it seems that that treatment is having the right effect. The treatment in question is a drug regime, coupled with an indication from the doctor that it is necessary for him to have a diet which includes fruit and vegetables and which again will assist the improvement that is taking place. He also ought to give up smoking, but I do not know whether he has or not.
MR ZERA: I do smoke, but only ten cigarettes a day.
When the matter came before the district judge, there was evidence from the reports from the doctor, the latest of which was a report of September 2012. The appellant tells me that he saw the doctor again last Wednesday, I think.
MR ZERA: Yes. Wednesday.
He received from the doctor an indication that there had been some improvement, in particular there was an improvement from what was 12 per cent in September, that is to say what is called the CD4 count, and it is now up to 18 per cent, and so there is a steady improvement.
The application essentially before me is that he should be given a period of three months in order to ensure that the improvement continues and by then he hopes to be in a position that he will be able, notwithstanding what he says are the problems if he is in custody in Poland, to face the prospect of dealing with these charges.
There is before the court, and there was before the district judge, a letter from the Polish authorities in which it was made clear that the necessary drug treatment and care would be given. If he is not in prison, the Polish health service will deal with that; if he is in prison, it is said that the Polish prison health service implements the national programme in counteracting AIDS and preventing HIV and provides the necessary therapy. It is confirmed that the drug treatment that is provided for the appellant will be provided in Poland.
The appellant indicates that the conditions in Polish prisons are such that he doubts that he will be able to receive the necessary care other...
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