British Court orders extradition of Luke Atkinson and Michael Binnington

January 26 2009

A British court has today decided to extradite two young men to face three years’ imprisonment in a Cypriot Jail.

Today the City of Westminster Magistrates’ Court decided that Luke Atkinson (24) and Michael Binnington (23) should be extradited to face three years’ imprisonment in a Cypriot jail.

Fair Trials International has campaigned for the two Essex men, unfairly convicted by a Cypriot court in 2008. Their conviction was based solely on circumstantial evidence and there is no further right of appeal.

Jago Russell, Chief Executive of Fair Trials International, said:

“Luke, Michael and their families have been through a harrowing ordeal since their disastrous holiday in 2006. Sadly, their ordeal looks set to continue after today’s disappointing decision. Given the serious flaws in their trial, these two young men should not be sent to serve a three year prison sentence in a Cypriot jail”

Contact Jago Russell, on 020 7762 6400 or 07940 88 79 78

Notes to editors

1. Luke Atkinson (24) and Michael Binnington (23), both from Essex, are each facing 3 years in a Cypriot jail for manslaughter and GBH after being backseat passengers in a car that collided with a moped, killing the driver and seriously wounding its passenger in August 2006.

2. They were prosecuted on the basis of circumstantial evidence and spent 6 months in Cypriot jails pending the trial. In February 2007 they were acquitted of all the charges. After the acquittal they returned home to the UK.

3. Without informing Luke and Michael, the Attorney General in Cyprus appealed against the acquittal. In January 2008, the appeal found them to be guilty. No retrial was ordered.

4. Fair Trials International has a number of concerns about the fairness of the criminal proceedings in Cyprus:
a. The only evidence against the men was circumstantial:
b. Families of the victim of the motorcycle accident were not prevented from shouting at and threatening Luke and Michael during the trial;
c. After considering the evidence the trial court acquitted both men but the appeal court convicted them of the crime without a retrial.

5. In April 2008 a three year prison sentence was imposed on each man. There is no right to appeal against the conviction in the appeal court or against the sentence.

6. A European Arrest Warrant (EAW) was issued by Cyprus in May 2008, requiring Luke and Michael to be to Cyprus to serve the sentence. Fair Trials International has serious concerns about the EAW (for information click here )

7. A British court considering the request for the extradition issued its judgment today, deciding that the two men should be surrendered to Cyprus to serve the prison sentence. We understand that the families’ solicitors will appeal against today’s decision.