Two Britons imprisoned in Hungary return home without charge
March 02 20102 March 2010
For Immediate Release
Two Britons imprisoned in Hungary return home without charge
Hungarian authorities have released 27 year-old Michael Turner and his business partner Jason McGoldrick (37) from a Hungarian prison. They have not been charged with any criminal offence. The two return to England at 5:00 pm today, March 2, 2010 at Gatwick Airport (South Terminal, Flight Easyjet 5444).
Jago Russell, Chief Executive of Fair Trials International, said:
“We are delighted that Michael and Jason are coming home but this decision begs the question – why were these young men torn from their families in the UK and forced to spend months in a foreign jail? They should have been saved this horrific ordeal and allowed to stay at home while Hungarian authorities completed their investigation.”
Turner and McGoldrick were extradited to Hungary under a European Arrest Warrant on November 2, 2009, following the failure of a business venture in Budapest. From November 2009 until last Friday, Michael and Jason were held (on remand) in Budapest Penitentiary institute, a high security prison formerly run by the KGB.
Contact: Fair Trials International – 00442077626400 or 00447950 849 851
Notes to editors
In 2002, Michael Turner 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.
It became clear that the business model would not be successful in Hungary and, 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.
Despite the Hungarian authorities being fully aware of Michael’s whereabouts in the UK, no attempt was made to contact him in relation to the failed business. Instead, years later, a European Arrest Warrant was issued against him (and another against Jason).
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. However, with assurances that prosecution was imminent, Mr Justice Collins ordered Michael’s extradition on October 27, 2009.
Mr Justice Collins stated explicitly that his extradition order 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.”
With assurances from Hungarian authorities that prosecution was imminent, Mr Justice Collins ordered Michael’s extradition on October 27, 2009. Despite this, no charges were brought against Michael or Jason following their extradition. According to their Hungarian lawyer, they could have remained imprisoned without charge until at least June 2010.
Michael and Jason were released from jail on Friday 26th February and have 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 is not intended for the purposes of investigation; only for trials or the execution of sentences. If the Hungarian authorities needed to question Michael in connection with the failure of his business they could have used existing powers of mutual legal assistance to work with the British police to obtain statements.
Read more about Michael’s case here
Fair Trials International has serious concerns about the European Arrest Warrant. In practice, the system has been interpreted as leaving no scope for the British courts to prevent an extradition even where, as in this case, it would lead to clear injustice.
Read about other cases of injustice involving the European Arrest Warrant.