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HMA V DOROTHY FASOLA EDINBURGH SHERIFF COURT SUMMARY of JUDGEMENT

19th September 2007

Today at Edinburgh Sheriff Court Sheriff Douglas Allan delivered his judgement in the above case. Following a number of submissions on behalf of the Lord Advocate and Dorothy Fasola, Sheriff Allan decided that there was no bar to her extradition on any of the grounds put forward to the court and ordered her extradition to Italy. A total of three European arrest warrants requesting the extradition of Dorothy Fasola to Italy for the purposes of executing custodial sentences imposed, were issued in April and November 2006. Dorothy Fasola appeared at Edinburgh Sheriff Court in June 2006 and again in November 2006 in respect of these three warrants. She was released on bail on standard conditions along with additional conditions that she surrendered her passport and gave an undertaking not to re-apply for a UK passport nor to any other country to which she might be entitled to apply. An additional pre-release condition was that she lodge the sum of £2,000 as surety. This sum was duly lodged and she was released on bail. Sheriff Allan heard submissions on behalf of parties on the following dates: 6th, 7th February, 6th March, 30th April, 4th,19th June and a final hearing on the 17th August. The Sheriff decided that Dorothy Fasola was the person in respect of whom the European arrest warrant had been issued by the court of Milan, Italy and that the offences set out in these warrants were "extradition offences" as defined in Section 65 of the Extradition Act 2003 Act. The court heard further submissions regarding the passage of time and a number of Devolution Issue Minutes, maintaining that aspects of the extradition requests were incompatible with Dorothy Fasola's rights in terms of Article 8 of the European Convention on Human Rights. However, the Sheriff was satisfied that there was no disproportionate interference with Dorothy Fasola's Convention rights within the

meaning of the Human Rights Act 1988 and, specifically that there was no disproportionate interference with the Article 8 right. Submissions were also heard regarding Warrant no 2, which concerned an outstanding custodial sentence. That warrant was the subject of a further appeal on behalf of Dorothy Fasola to the Milan Law Court which, on the 16th March 2007, declared that the penalty (an outstanding custodial sentence of two years, five months and nine days) had become statute-barred under the Italian Criminal Code In the light of that decision, the Public Prosecutor of the Republic in Milan made the appropriate reduction in the unified sentence to be enforced and issued a fresh Enforcement Order. This warrant was subsequently revoked and Sheriff Allan ordered that Dorothy Fasola be discharged in respect of that warrant. Sheriff Allan upheld the validity of the European arrest warrants Nos 1 and 3 and refused to sustain the Devolution Minutes. He ordered that Dorothy Fasola be extradited to Italy, being the category 1 territory in which the warrants had been issued.

NOTE This summary is provided to assist in understanding the Court's decision. It does not form part of the reasons for that decision. The full report of the Court is the only authoritative document. The full judegment is available on the Scottish Courts Website at this location.

http://www.scotcourts.gov.uk/opinions/DOC1A.html

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Microsoft Word - HMA v Dorothy Fasola.doc