High Court frees wanted Lithuanian man

The High Court has refused to imprison a Lithuanian man to await extradition to his home country to face trial for alleged forgery…

The High Court has refused to imprison a Lithuanian man to await extradition to his home country to face trial for alleged forgery and obtaining money under false pretences.

Mr Justice Michael Peart said he will not sanction the extradition of  people to other countries where shoddy applications are presented to the court.

Judge Peart, in a reserved judgment, said that under the Extradition Act the court could not grant extradition for an offence that was a political offence.

Similarly extradition could not be granted if there were substantial grounds for believing extradition for an ordinary criminal offence had been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that that person's position might be prejudiced for these reasons.

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He said Mr Darius Musinskas had claimed in evidence that while living in Lithuania no allegations of a criminal nature had been made against him or brought to his attention.

"He also says that while there he involved himself in political matters and this had culminated in distinct and serious threats made to him personally which included threats and the burning of his hall door as an indication of what was to come," Judge Peart said.

Mr Musinskas also said he was in distinct fear for his family's safety.

Mr Justice Peart said an important feature of the application was the fact that the Lithuanian authorities had clearly taken a decision for whatever reason not to contradict what Mr Musinskas had stated in evidence.

"It would surely have been a very simple matter for them to deny that he had any political involvement and to deny that his extradition is being sought for any reason related to his alleged political activity or that his position might be in any way prejudiced on that account," Judge Peart said.

Judge Peart said the court was mandated by the Extradition Act not to grant an order for extradition in such circumstances and he refused to do so and ordered the immediate release of Mr Musinskas.

He criticized "the unsatisfactory nature" of the information furnished by the Lithuanian authorities with their request for extradition.