On 14 June 2018, following proceedings that have been ongoing for some years, the High Court have ruled that there is no bar to the extradition of Mr. Roger Giese to the United States.
Mr. Giese is wanted for trial in California, following allegations that he sexually abused a teenage boy.
Mr. Giese had resisted extradition, suggesting to the Court that if he was to be so, it would be a fundamental breach of his human rights, and further, that this most recent set of proceedings was an ‘abuse of process’.
The High Court has now ruled that neither of these arguments were made out.
The Lord Chief Justice, Lord Burnett, ruled that Mr. Giese was a “classic fugitive from justice”. It ought to be noted that he had left the United States on the eve of his trial in 2007, changing his name, and thereafter living a new life in Hampshire.
The High Court accepted the arguments of Counsel instructed by the Crown Prosecution Service for the United States, Mr. Toby Cadman, Head of Chambers at Guernica 37, in that the written assurance offered by the United States was one that could be relied upon, and therefore Mr. Giese would not be subjected to Civil Commitment (a form of indeterminate confinement with treatment), and further, that appropriate procedures were in place within the US prison system to ensure that Mr. Giese’s rights would be protected.