Goliszewski v District Court of Lublin, Poland [2012] EWHC 2455 (Admin)

CO/4767/2012; CO/4768/2012[2012] EWHC 2455 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Tuesday, 17th July 2012
Strand
London WC2A 2LL
B e f o r e:
MR JUSTICE BEAN

MILOSZ GOLISZEWSKIAppellantvDISTRICT COURT OF LUBLIN, POLANDRespondent
Computer-Aided Transcript of the Stenograph Notes ofWordWave International LimitedA Merrill Communications Company165 Fleet Street London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)
Mr B Keith (instructed by Kaim Todner) appeared for AppellantMiss H Hinton (instructed by the Crown Prosecution Service) appeared for Respondent
Judgment
[1]MR JUSTICE BEAN: On this appeal by Mr Goliszewski against the decision of District Judge Evans ordering his extradition to Poland, Mr Keith, whose experience in these matters is very substantial, recognises there are no substantive grounds on which I could reverse the decision of the District Judge. But there is available to me a medical report of 13th June from Mr Kucheria, consultant orthopaedic surgeon, which indicates -- and it is not in dispute that this is genuine -- that Mr Goliszewski has continuing symptoms from a road accident on 15th April last year and that Mr Kucheria advises that the patient should have a MRI scan of his left shoulder and right knee to see what is happening.[2]It is notorious that there is something of a backlog in extraditions to Poland and I do not regard this as a case of immense urgency. I shall dismiss the appeal, but direct that the order to that effect is not sealed until 31st July, that is 14 days from today. That will then be the date from which the 14 day period envisaged by section 36(5) will operate, and thus it will not be until after 14th August that the authorities could extradite Mr Goliszewski to Poland. Subject to that extension of time, the appeal must be dismissed.