Krygier v Wieslaw Pedziwiatr Circuit Law Court in Swidnica Poland

1. MR JUSTICE COLLINS: This is an appeal against a decision of District Judge Zani, made on 31 July 2014 ordering the extradition of the appellant to Poland on a conviction warrant which relates to some 6 offences, and involves an outstanding sentence of just under 2 years left to serve.

2. The matter that is raised by the appellant relates to a hearing that is due to take place in Poland on 5 December. He has produced, and Miss Nice, very kindly, has appeared today to assist him because there has been a bit of a muddle, I am afraid, about an application to take the solicitors off the record.

3. It seems that the belief was that that had been allowed but somehow the court has not any record of it. It has a record, of course of the application, and the fee has been taken but as I say, due to something that has gone wrong there has been no formal document produced.

4. Anyway, as I say, Miss Nice has very kindly appeared to assist. Fortunately, because of two cases this afternoon a Polish interpreter has been available this afternoon and so she has been able to take full instructions on the documentation and on what the appellant wanted to raise.

5. Apparently, the application in Poland is to defer the EAW for a period of one year. Alternatively, to withdraw the EAW completely and apparently, according to the appellant, he spoke to his Polish lawyer today and received an assurance that the lawyer was 99 per cent certain that the application would succeed. That may or may not in the end be the result but it seems to me that the situation that normally applies in this court is that that sort of application is not a good reason to defer extradition.

6. However, what I am prepared to do, and what I think is a sensible course to adopt in the circumstances of this case, is to dismiss the appeal because there are no proper grounds for allowing it, but to indicate that removal pursuant to the dismissal of the appeal must not take place until 10 days after the hearing in Poland, that is to say until 16 December.

7. I have indicated that, when the appellant's representative has been able to take instructions and, indeed, from the Polish authorities, it may be that that period will be lengthened, or perhaps shortened, it depends on what information is given. In those circumstances, as I say, I will, if necessary, amend the order.

8. So far as Miss Nice is concerned, I direct that she be properly remunerated for her appearance before me today because it has assisted the court.