18 years after he was cleared of attempted murder Briton faces being sent back to prison in Portugal

bb1 wrote:The bad publicity this is causing is liable to cost Portugal a lot of money, Sabot - who in their right minds is going to go on holiday and risk getting caught in a legal system that would disgrace Haiti?

It is a lot more basic than that, Bonny. You just have to be a foreigner in the wrong place at the wrong time. But when a Portuguese Court can discard the ruling of a Portuguese Judge then you are looking at very serious problems within that system.

And if anyone wants to talk Body Language, then that Judge looked seriously pissed off to me when she Acquitted Mr. Mitchell and Mr. Tozer, almost certainly because she thought they had been stitched up without any evidence. So those two Security Guards were almost certainly another facet of The Michael Cook Case.
When The PJ can't prove what they say, they just bring in a couple of lying witnesses.

Do look at The Acquittal again. The Judge was not happy about what had been brought before her Court.

I wonder why it is always Brits that are singled out, Sabot. Look at last year - the Portuguese police managed to make it sound as if it was the victims' fault when several died at the hands of muggers.

Do they still resent needing Perfidious Albion to kick the French out over 200 years ago?

http://www.theportugalnews.com/cgi-bin/article.pl?id=1159-10

Mitchell extradition trial postponed

7/4/2012

Portuguese authorities have postponed a trial that was to decide an extradition request lodged to bring British national Graham Mitchell back to the Algarve, to be re-tried for an attempted murder he was acquitted of in 1995, until 20 April.

The case itself dates back to 1994 when Mitchell and a friend were arrested in the Algarve on the suspicion of having assaulted a German national, leaving him paralysed after allegedly pushing him over a wall.
After 11 months awaiting trial in jail the two Britons were eventually tried for attempted murder and acquitted in May 1995, having been given their passports back and free to return home.
Last week the General Attorney’s Office (PGR) explained that the “judgment was of acquittal but did not go through because of an appeal made by the Supreme Court of Justice.”
A new trial was never held as Mitchell’s whereabouts were unknown, the PGR explained, becoming contumacious from 21 January 1998.
More than a decade later, in December 2008, the decision was made to issue a European capture warrant, which was issued on 6 March this year.

Oh, that is excellent news, thanks Max!

bb1 wrote:Oh, that is excellent news, thanks Max!

Considering he's appealed and is still in the UK, that doesn't seem a very long postponement until 20th April.
I hope for once our government follows the german line and tells them he stays here.

http://www.bbc.co.uk/news/uk-england-17683271

11 April 2012 Last updated at 18:45

Graham Mitchell faces retrial in Portugal in his absence

A British man who is wanted in Portugal for a crime he was cleared of in 1995 is facing a retrial in his absence.
Portuguese judicial sources have told BBC News that a trial date for Graham Mitchell has been set for 23 April.
He was acquitted in 1995, along with another Briton, of attempting to murder a German tourist in the Algarve, but a year later the decision was overturned.
Mr Mitchell, 49, from Kent, said he would not attend the hearing because he could not receive a fair trial.
He said he was "stunned" by the latest development.
Mr Mitchell, a photographer, said too much time had elapsed since the incident in 1994.
Arrest warrant issued
He also said that without his co-defendant Warren Tozer, who was last heard of in Australia, he would not be able to mount a defence.
"I don't see how I could receive a fair trial, " he said.

"He [Mr Tozer] is in effect the only defence witness I'd have," he added.
A judicial official in Portugal said the retrial, in front of three judges in Albufeira or Portimao, could take place without Mr Mitchell being present.
The official said time had also been set aside, on 26 April, if the court needed to consider the case further.
It is thought Portuguese prosecutors are keen to press ahead with the trial because a legal time limit expires early next month.
Judicial sources said this was a "possibility" but were unable to confirm if it was the main reason.
'Not on the run'
In 1995, Mr Mitchell and Mr Tozer were cleared of attempted murder by judges at a trial in Albufeira after spending more than a year in custody.
They had been accused of trying to kill 26-year-old Andre Jorling, who was left paralysed from the waist down after falling over a 12ft (3.5m) sea wall.

The men were given back their passports and allowed to return to the UK.
But Portugal's Supreme Court "annulled" the lower court's decision in 1996 and ordered that a retrial should take place.
Mr Mitchell said he was unaware of the ruling.
A warrant was issued at the time to bring the men back to Portugal, but this never happened.
A new European Arrest Warrant was issued in December 2008, but it took more than three years, until March this year, before Mr Mitchell was arrested.
Mr Mitchell, who is contesting his extradition to Portugal in the UK courts, said he was not on the run and was easy to trace - having lived at addresses in Surrey, Wales and now in Canterbury, Kent.
The former Scots guardsman is next due to appear in court in London on 20 April.

Absolutely shocking, Max.

Let's hope his case is discussed by Cameron and the Portuguese PM next week.

bb1 wrote:Absolutely shocking, Max.

Let's hope his case is discussed by Cameron and the Portuguese PM next week.

I hope to goodness he isn't found guilty in his absence and that EAW complied with.

That is indeed a worry, Max. IMO, it is time the UK government stopped this nonsense over Portugal and EAWs, as elements in that country seem incapable of acting in accordance with most people's idea of a fair trial.

I would love to know who was based at Faro when Mr Mitchell had a revolver stuck in his mouth by the police.

bb1 wrote:That is indeed a worry, Max. IMO, it is time the UK government stopped this nonsense over Portugal and EAWs, as elements in that country seem incapable of acting in accordance with most people's idea of a fair trial.

I would love to know who was based at Faro when Mr Mitchell had a revolver stuck in his mouth by the police.

Same here Bonny, also what Jacinta found out before she killed herself by hitting herself on the head four times with an axe.

Moving you to main forum, Maggs, and merging.

https://jatyk2.forumotion.co.uk/t1281p135-18-years-after-he-was-cleared-of-attempted-murder-briton-faces-being-sent-back-to-prison-in-portugal

Maggs wrote:Looks like the idiots in Portugal are carrying on with this stupid trial

251/99.9TBABF
2 Judgement
Common Procedure (Court Collective)

Assistant Andrew Jorling
Author Prosecutor
Accused Graham Ross Mitchell
Defendant Robert Warren Tozer
Speaker Accidntal Carla Alexandra Martins Estrelo
Performer Angela Dorothea Hedwig Weitmann

Trial or final hearing 23-04-2012 10:00

I hope Mr Mitchell goes nowhere near Portugal, Maggs. If fanatics and terrorists who have little to do with the UK - beyond a wish to blow it up - can hide behind Human Rights legislation, then it is about time Westminster started doing something to protect people like Graham Mitchell from this crazy legal system which seems to have little or nothing to do with justice as it is normally understood in 21st century European democracies.

Sorry, just realised this is a 3 day hearing.

Good god and the victim is still alive.


251/99.9TBABF
2º Juízo
Processo Comum (Tribunal Coletivo)

Assistente André Jorling
Autor Ministério Público
Arguido Graham Ross Mitchell
Arguido Warren Robert Tozer
Interveniente Acidental Carla Alexandra Martins Estrelo
Intérprete Angela Dorothea Hedwig Weitmann

Julgamento ou Audiência final

23-04-2012 10:00


251/99.9TBABF
2º Juízo
Processo Comum (Tribunal Coletivo)

Assistente André Jorling
Autor Ministério Público
Arguido Graham Ross Mitchell
Arguido Warren Robert Tozer
Interveniente Acidental Carla Alexandra Martins Estrelo
Intérprete Angela Dorothea Hedwig Weitmann

Julgamento ou Audiência final

24-04-2012 10:00

251/99.9TBABF
2º Juízo
Processo Comum (Tribunal Coletivo)

Assistente André Jorling
Autor Ministério Público
Arguido Graham Ross Mitchell
Arguido Warren Robert Tozer
Interveniente Acidental Carla Alexandra Martins Estrelo
Intérprete Angela Dorothea Hedwig Weitmann

Julgamento ou Audiência final

26-04-2012 10:00

Briton says he was tortured in Portugal
Portuguese Justice wants to extradite Graham Mitchell, to repeat the trial. But that does not want to

By: Editor / PP | 20 - 4-2012 19: 22



The British Graham Mitchell will rely on torture and psychological trauma to avoid extradition to Portugal for a repeat of the trial for alleged attempted murder in 1994, was released this Friday. a preparatory hearing in magistrates' court of Westminster in London, defense lawyer, Ben Cooper, said his client complains of having been "tortured" while he was custody in Portugal, including being hit with bags of urine, having been appointed a weapon and being threatened with Death. The lawyer also said that several years ago was diagnosed Mitchell with a disorder, posttraumatic stress disorder, a syndrome that believes it can affect your mental capacity to be re-arrest and trial. It relates to past events in 1994 when the British, now 49, and a friend were arrested in the Algarve on suspicion of assault with a German, who was paralyzed from the waist down after falling from a wall. After 11 months in custody, the two Britons were judged crime of attempted murder and acquitted in May 1995, having recovered his passport and returned home. The Attorney General of the Republic stated that 'the judgment acquitting and was not moved, under appeal to the Supreme Court of Justice. " The new trial is not held to be the unknown whereabouts of the defendant, which was considered in default as of January 21, 1998. But only ten years later, in December 2008, it was decided to issue an arrest warrant Europe finally executed on March 6 this year. The judge said Friday that you want to see clear whether Mitchell had provided the address of residence in the United Kingdom authorities in Portugal to figure out why it had not been found earlier. However, a new translation of the European arrest warrant filed today corrected a misunderstanding earlier, from the charge of murder to attempted murder. This issue had been raised by the defense before the hearing to be known that the alleged victim is alive. The trial was adjourned until July 12.

http://www.tvi24.iol.pt/sociedade/graham-mitchell-julgamento-repeticao-tortura-portugal-extradicao/1342513-4071.html

Good news then Max.

Britain cannot allow a national to be extradited to a State which turns a blind eye to people being tortured in police stations.

End of.

Correct me if I am wrong, but I am sure I read somewhere that the German who was attacked said it wasn't the two Brits who assaulted him, LL

Yes, he did, LL. Go figure.

bb1 wrote:Yes, he did, LL. Go figure.

No need to, it's as plain as the nose on one's face. He also told them who had disabled him, didn't he? I don't understand it; the Portuguese have been good friends and allies of England for hundreds of years, why now are they so anti-Brit? LL

Lamplighter wrote:

bb1 wrote:Yes, he did, LL. Go figure.

No need to, it's as plain as the nose on one's face. He also told them who had disabled him, didn't he? I don't understand it; the Portuguese have been good friends and allies of England for hundreds of years, why now are they so anti-Brit? LL

Because we made them look stupid. Well, actually they made themselves look stupid, but they aren't going to admit that.
But there will be uproar if he gets sent back there.

They've never forgiven Britain for rescuing them from Napoleon.

I do always laugh when Morais starts going on about people being 'Lusophobic' - that's like being Denmark-phobic.

She also has a damned cheek, when none of them have the manners to grasp that the assorted islands off north-western Europe are NOT called 'England'.

Can you imagine how she would take it if we started referring to Portugal as being a part of Spain?

Actually, I suspect they still have a chip on their shoulders about World War 2. I was more than a little annoyed when Morais treated the shrooms to a lecture about WW2 being a war against Fascism.

Yes, it was. But she missed out the bit about tens of millions of men, women and children dying in the course of fighting Fascism.

While Fascist Portugal sat it out comfortably, thank you very much, and stayed on amicable terms with the Nazis. No lights out or rationing in Lisbon, no Blitz for them!

She didn't mention that, for some reason.

Nobody hates Portugal. It isn't important enough.

But people like this always go too far in the end, like trying to enforce a dodgy EAW eighteen years after two men have been acquitted of attempted murder. Something this stupid could well give Britain a wake up call to how biased this agreement is.

Anyone remember Aristides de Sousa Mendes? Portuguese Ambassador to France. Saved hundreds of Jews. Was banished and stripped of everything he owned by The Salazar Regime.
He fought Fascism.

That'll be something else Morais won't tell her shrooms about, Sabot.

I doubt if any of the shrooms have even heard of Salazar, never mind PIDE.

I must admit, I was gobsmacked when I read about the 'Salazar' wine that is going to be marketed in his home town.

I don't think PIDE has gone very far.