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Driver faces French jail without a trial

26th April 2001, Page 8
26th April 2001
Page 8
Page 8, 26th April 2001 — Driver faces French jail without a trial
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pc: by Sally Nash

The High Court has ruled that a Bradford truck driver should be extradited to France to serve a three-year sentence for a drugs offence although he has never stood trial.

Shaun Durkin of West Bowling, Bradford was convicted of drug smuggling by a French court in his absence on the basis of evidence from one of his alleged co-conspirators.

Driver Frank Edgeley, who was arrested in Boulogne with 78kg of cannabis in October 1997, told French police he was acting under threats made by Durkin—but Durkin denies any involvement.

A court in Boulogne requested Durkin's extradition to face trial in November 1998 after his arrest in Bradford. But after a London magistrate committed him for extradition he was convicted in his absence by the French court and sentenced to three years in jail.

As Durkin is now outside the 10-day period in which he is allowed by French law to lodge an appeal against the conviction he would not be entitled to a re-trial.

James Hines, appearing for Durkin, argued that the extradition should be blocked as the procedure followed by the French court, and the lapse of time since the alleged offence, had put Durkin in an "Invidious and unfair position" of not having the right to a re-trial.

Lord Justice Buxton said: "We were asked to decide where justice lies. I'm absolutely clear that justice lies in ordering Mr Durkin to return to France."

• URTU is pressing UK ministers and European MPs to establish a European bail system so drivers can come home while they are awaiting trial.


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