Working for a world where every person's right to a fair trial is respected, whatever their nationality, wherever they are accused

High Court denies appeal of Atkinson and Binnington

June 17 2009

For Immediate Release

The High Court has today denied the appeal of two young British nationals, Luke Atkinson and Michael Binnington against their extradition to Cyprus.

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

“Today’s decision is a huge blow to these two young men and their families. Fair Trials International will continue to support their ongoing fight for justice.”


Notes to editors

During a family holiday to Cyprus in 2006, Luke Atkinson and Michael Binnington were backseat passengers in a car that collided with a moped, killing the driver and seriously wounding its passenger. The moped had been travelling the wrong way down a one-way street at the time of the incident. They were prosecuted for homicide and GBH on the basis of circumstantial evidence, spent 6 months in Cypriot jails pending the trial and, in February 2007, returned home to the UK after finally being acquitted of all the charges.

Without adequately informing Luke and Michael, the Attorney General in Cyprus appealed against the acquittal and, in January 2008, the appeal court found them to be guilty and sentenced both men to three years imprisonment. The appeal was heard without the presence of the defendants, on the same evidence that was available at trial. No retrial was ordered.

A European Arrest Warrant (EAW) was issued in May 2008 and a decision to extradite was taken by the Westminster Magistrates Court on 7 August 2008. The men appealed against the extradition pursuant to s. 26 of the Extradition Act 2003 and the appeal was heard in the High Court on 21 May 2009. Judgement was delivered earlier today.
 

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