Judgment was handed down by the Supreme Court today in the long-running extradition case of Popoviciu v Curtea De Apel Bucharest (Romania). The judgment provides important clarification on the test to be applied when a convicted person seeks to resist extradition on the basis that his conviction was the result of an unfair trial. The Supreme Court held that the High Court misdirected itself and applied the wrong standard of proof when it decided the case below. Allegations of bias and corruption made by the requested person against his trial judge should have been established on the balance of probabilities, not the lower threshold applicable in accusation cases.
Rachel Kapila appeared for the Appellant, led by Mark Summers KC. The full judgment is available here.
