Michael Turner - Hungary
Michael Turner’s case is indicative of problems with Europe’s fast-track extradition system, and is one we have highlighted as part of our Justice in Europe: The Arrest Warrant campaign.
Hungarian authorities sought the extradition of Michael Turner, a 27 year old British national from Dorset, and business partner Jason McGoldrick (37) following the failure of their business venture in Budapest.
Michael was extradited to Hungary under a European Arrest Warrant on 2 November 2009, was released from jail on Friday 26th February and has been allowed to return to the UK. The prosecuting authorities in Hungary have not yet provided details of the terms of their release.
Hungarian authorities sought the extradition of Michael Turner, a 27 year old British national from Dorset, and business partner Jason McGoldrick (37) following the failure of their business venture in Budapest.
Michael was extradited to Hungary under a European Arrest Warrant on 2 November 2009, was released from jail on Friday 26th February and has been allowed to return to the UK. The prosecuting authorities in Hungary have not yet provided details of the terms of their release.
The European Arrest Warrant was intended to be used explicitly to extradite people to serve a prison sentence or for the purposes of a criminal prosecution. Fair Trials International is concerned that, in Michael’s case, an extradition took place even though no decision has been made to prosecute him for any criminal offence.
The Arrest Warrant has been used prematurely to extradite Michael while an investigation is continuing into the failed business. While this continues, Michael remains in prison and we fear he could remain in this legal limbo for many more weeks.
Background
In 2002, Michael Turner, then aged 20, was facing redundancy from his position as a process worker in Plymouth. Michael informed his father, Mark Turner, about his pending unemployment, and his father offered him a role in a new business he was setting up in Hungary.
In 2002, Michael Turner, then aged 20, was facing redundancy from his position as a process worker in Plymouth. Michael informed his father, Mark Turner, about his pending unemployment, and his father offered him a role in a new business he was setting up in Hungary.
Michael and Jason McGoldrick both became Directors of a business in Hungary, Dream Espana Kft, which involved marketing timeshare properties in Spain. In exchange for an administration fee, Dream Espana would arrange for people to be given promotional holidays in Tenerife. The accommodation provided was owned by a large timeshare business that would then try to sell timeshare properties to the guests.
We understand that, prior to starting Dream Espana, Mark and Jason hired a local lawyer to ensure the business was legal in Hungary – it was found to be fully compliant with Hungarian law.
The business model had proved successful for Mark Turner in the UK and the timeshare owner had encouraged him to replicate the model in Hungary to take advantage of the emerging markets there. Sadly, the business model did not work in the Hungarian market.
In autumn 2005, Jason and Michael paid the wages owed to staff and told their local lawyers to file for bankruptcy. They then returned to the UK. The Hungarian authorities, although they had their details, took no action against them until an EAW was issued years later.
Extradition
In August 2008, Hungary issued a European Arrest Warrant for Michael and Jason to be extradited. The Hungarian authorities argued that Michael was being prosecuted for fraud relating to unreturned administration fees, totalling £18,000, taken prior to the business going into liquidation.
In 2008, Jason McGoldrick, Michael’s business partner in Hungary, was detained at Heathrow airport and informed that a European Arrest Warrant had been issued for both himself and Michael. Upon hearing of the warrant, Michael fully cooperated with the British authorities, and was commended for doing so.
During the extradition proceedings in the UK, Michael’s lawyer expressed concern that the Hungarian authorities had not yet charged him with any criminal offence. He argued that the authorities were seeking his extradition merely to conduct an investigation into the failed business.
However, with assurances from Hungary that they were indeed ready to prosecute, Justice Collins ordered Michael’s extradition on 27 October 2009. Justice Collins stated explicitly that his judgement presumed readiness to prosecute saying, “It would of course be contrary to the whole basis of the issue of a warrant if the decision had not been reached by the judicial authority concerned that a prosecution would follow.”
Legal Limbo in Hungarian Prison
Since his extradition until his release on 26 February 2010,Michael was on remand in Budapest Penitentiary institute, a high security prison formerly run by the KGB.
Since his extradition until his release on 26 February 2010,Michael was on remand in Budapest Penitentiary institute, a high security prison formerly run by the KGB.
Despite earlier assurances, Michael has not been formally charged with any criminal offence. The prosecuting authorities in Hungary have not released any details of the terms of his release, though he has been allowed to return to the UK.
Fair Trials International’s Concerns
Although the European Arrest Warrant was intended to deliver justice, the current system is actually resulting in some cases of serious injustice. Warrants have, for example, been used to send people to the other side of Europe for the most minor offences; many years after an alleged offence was committed and when a fair trial is impossible; and to extradite people to serve a prison sentence resulting from an unfair trial.
Michael Turner’s case demonstrates that, in practice, the Warrant is also being used to extradite people before any decision to prosecute has been made. This was clearly not the intention behind the Arrest Warrant legislation and it is impossible to justify the hardship that this action is causing to Michael and his family.
Michael should not have been extradited and forced to spend months in a foreign jail while an investigation is ongoing. The Hungarian authorities should have completed their investigations before tearing Michael from his home and family. If they needed to question him in connection with the failure of the business they could have used existing powers to work with the British police to obtain statements.
Fair Trials International wants a fair system of extradition within Europe. The current system must be improved so it delivers rather than undermines justice. We will continue to highlight compelling cases of injustice to prove change is needed and to challenge inappropriate uses of the Warrant.