I will write here about the summing up of my Final Extradition Hearing in Westminster Magistrates Court last Thursday before District Judge Zani.
I was represented by Mr Ben Cooper, and the Government (acting on behalf of the USA) was represented by Joel Smith.
Mr Smith briefly opened the case for the government, then I was called to give evidence. I adopted my statements as my evidence, then was cross-examined by Mr Smith. Legal submissions were then made by both parties, these lasting all day. The Judge then reserved judgement until August 30th.
My bail was varied so that the curfew conditions were deleted, and I was told that I could have the electronic ankle monitoring device removed, but if I wish to stay overnight anywhere else I should inform my lawyers so that they can inform the CPS and the court with the address, giving them at least 24 hours notice. Should the police wish to check on my presence at any other address, then I have a duty to present myself to them on the door-step.
The decision that DJ Zani will make will be either (1) to discharge me (in which case the Government may exercise their right of appeal); (2) to send the case to the Secretary of State for the Home Office (currently Amber Rudd) for her to order my extradition to USA (in which case I can appeal to the High Court if we have arguable grounds); or (3) should the Judge wish to invoke the Tolman procedure in respect of my abuse argument, he may further adjourn the case with respect to the US Attorney to answer the abuse points my lawyers have made (about my miss-treatment in the Philippines).
In terms of timescales, any appeals would probably not be heard until the very end of this year, so I am unlikely to be extradited before then, if at all.
It is difficult for me or my lawyers to give an opinion on which way the Judge's decision will go, but he did appear to be much more open to our arguments then we had anticipated.
I will be seeking some immigration advice in respect of getting my family (wife/kids) over to the UK from the Philippines, and could possibly get some legal aid to facilitate this since both my kids have British passports.
finally the system is working with you... not against you...
and you have embraced the realities of the situation, thus allowing you to see past the problem and find the peace of mind in a solution...
if your lawyer has made references to the abuse you suffered in PI...
couldn't you claim your family as political refugee's being abused by the PI government that abused you for 3 yrs ... got to be a humans right group in the UK that would help ...
may the laughter of your children ... soon find there fathers ears ... and your world be whole again ...
Excellent news. At least there is some sanity amongst the judiciary!
Well done Gypsy