British Courts Reject Garry Mann’s Final Legal Challenge
May 07 2010
For Immediate Release
British Courts Reject Garry Mann’s Final Legal Challenge
Garry Mann (a former fireman from Kent and father of six), has today lost his final legal battle against extradition to Portugal under a European Arrest Warrant. This morning, the High Court refused to consider Garry’s final legal challenge or to delay his extradition any further. Within days Mann will be extradited to Portugal to serve a 2 year prison sentence imposed following a trial that British courts have recognised was “unfair”.
Jago Russell, Chief Executive of Fair Trials International, said:
“Today's decision is a personal tragedy for Garry Mann and a damning indictment of Europe's fast-track extradition system. There is no justice in this man being torn from his home and family and sent to Portugal to serve a two year sentence imposed after a grossly unfair trial. Fair Trials International will continue the fight for reform of European extradition laws to stop others suffering the same injustice."
Mann’s trial in Portugal saw him arrested, tried and convicted all in the space of 48 hours. A British police officer in attendance at the trial has described how Garry was unable to instruct a lawyer and unable to understand the proceedings due to the poor quality of translation and interpretation provided. For this reason, a British court in 2005 found that his conviction in Portugal was unsafe and that the trial had breached his fundamental rights. The UK’s High Court has also condemned Mann’s treatment as a “serious injustice” and said that his extradition would be an “embarrassment” to the UK and Portugal. Despite this, all legal challenges to his extradition in the UK courts and the European Court of Human Rights have now failed.
For more information please contact Fair Trials International on +44 (0)20 7762 6400 or +44 (0)7950 849 851
Notes to Editors
Unfair Trial in Portugal
· Garry Mann, a 52-year-old former fireman from Kent, attended the Euro 2004 football tournament in Portugal. While Garry Mann was spending the night with friends in a bar in Albufeira, a riot took place in a nearby street. Garry Mann was arrested on 15 June 2004. Garry was arrested, tried and convicted all in the space of 48 hours. A British police officer at the trial has described the proceedings as a “farce”. Garry had only five minutes with his lawyer before the trial and did not know what he was charged with until after he was convicted. He was unable to understand the proceedings due to the poor quality of interpretation: the interpreter was a local hairdresser and a friend of the judge’s wife.
· On 18 June 2004, Garry consented to his deportation to the UK after reportedly being told by the Portuguese authorities that the sentence would not be carried out if he agreed to voluntary deportation. New evidence from the Foreign and Commonwealth Office confirms that they, too, shared this view. He was then escorted to the airport by the Portuguese authorities and sent back to the UK without having to serve any time in prison in Portugal.
British Courts Confirm Violation of Fair Trial Rights
· Upon his return to the UK, the Chief of Metropolitan Police applied for a worldwide football banning order to prevent Garry from travelling abroad to attend football matches. On 3 August 2005, Justice Stephen Day refused to grant the order, concluding Garry’s trial could not be relied on as it was “so unfair as to be incompatible with the respondents’ right to a fair trial.”
Extradition request
· On 6 October 2008, more than four years later, British police arrested Mann under a European Arrest Warrant issued by Portugal. His extradition was ordered by the City of Westminster Magistrates’ Court on 18 August 2009. Garry’s former legal team missed the deadline for filing the appeal against extradition by a few hours, making it impossible for him to challenge the extradition decision. Garry has no right to appeal against his unsafe conviction in Portugal; if he is extradited he will be sent to prison to serve a 2 year sentence.
Previous Challenges in UK Courts
· Garry’s new legal team (Karen Todner of Kaim Todner and Ed Fitzgerald QC and Ben Cooper of Doughty Street Chambers) has made a number of challenges to the extradition. Two of these were refused by the High Court on 19 January. Lord Justice Moses stated in his judgment that he could not “leave this application without remarking upon the inability of this court to rectify what appears to be a serious injustice to Mr Mann”. On 26 March 2010 the High Court refused to consider Garry’s final legal challenge in the UK courts. Lord Justice Moses considered that new evidence from the Foreign and Commonwealth Office "lends force to his belief that a serious injustice" had been committed against Mr Mann. He said “I cannot believe anybody wants this man to go and do 2 years in Albufeira Jail. It is just an embarrassment for everybody, this whole case, and it ought to disappear.” Again, the court requested that a diplomatic solution is sought: "If there was a case for mediation or grown up people getting their heads together then this is it."
European Court of Human Rights Refuses to Stop Extradition
· Two emergency applications were to the European Court of Human Rights on 30 March 2010 requesting an injunction to prevent the extradition until the European Court had considered Garry’s treatment in the Portuguese and UK courts. These applications were rejected by the European Court of Human Rights on April 27th.
Diplomatic Inaction
· After writing to the Foreign Secretary in January, Fair Trials International met with the Foreign Office to seek a diplomatic solution to Garry’s predicament. The Foreign Office subsequently wrote to the Portuguese authorities to bring Garry’s case to their attention. Despite a number of subsequent requests from Fair Trials International, the Portuguese Government has failed to respond to requests for them to assist in preventing Garry’s extradition.
Latest Developments
· Last week the High Court issued an injunction against Garry’s extradition until after the hearing today. The Court was asked to either block Garry’s extradition because it breaches his human right to a fair trial, or to at least stay his extradition until the ECHR has a chance to decide on his claims. Yesterday the High Court granted FTI permission to intervene in the case, represented by Matthew Ryder QC and Mark Summers of Matrix Chambers.
· Sadly, this final legal challenge has, this morning, failed meaning that Garry Mann will be extradited to Portugal within days.