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

Sabot, I have no idea what the imbecile thought was being discussed - it may have jumped to the erroneous conclusion that it was the McCann case.

For sure, all those newspaper reports have gone straight over the forker's head.

Oh give the guy a chance, Bonny. He hasn't grown a brain yet, let alone run it in.

Yes, a fine example of, Please ensure brain is in gear before activating typing fingers...

bb1 wrote:I wonder, does the Portuguese government think this is good for Portugal's image - because it most certainly is not.

It always seems to be UK passport holders they pick on, despite ex-pats being a mainstay of the Portuguese economy, along with UK tourists.

And do not start me on UK taxpayers having to bail out Portugal.

One of these days Portugal is going to wake up and find the Algarve is empty, which would be a great pity, but people are going to start voting with their feet.

And please note:

https://jatyk2.forumotion.co.uk/t1341-trial-of-german-accused-of-killing-partner-child-on-algarve-begins-in-munich

The German accused of killing his partner and child in Portugal is standing trial in GERMANY; Portugal doesn't seem to have a problem with that, though.....

http://www.theportugalnews.com/

Germany refuses to extradite Algarve murder suspect
13/11/2010

Germany has rejected a request from Portugal to extradite presumed double murderer Gunnar Dorries, who is a German national, and who is believed to have murdered an Angolan woman and their daughter in the Algarve in July this year.

Munich Public Prosecutor Joachim Ettenhofer told Lusa News Agency “we have decided that the trial should be carried out in Germany as there are means of gathering evidence here as well as in Portugal and the same goes for the witnesses and the case’s background”.

The decision regarding the request from the Portuguese justice system, made around four months ago, was pronounced last week by the Munich Public Prosecutor’s office. A start date for the trial has not yet been scheduled as investigations are still ongoing.

The suspect initially appealed against the extradition request via his German lawyer Sascha Petzold, because of the different languages but also so as his family could continue to visit him in jail.

In Germany the suspect could face a maximum sentence of life, which in reality could be as little as 15 years, but could be held indefinitely if he is still considered a danger to society. In Portugal the maximum sentence the suspect would face is 25 years in jail.

Dorries, a 43-year-old engineer is believed to have killed Angolan Georgina Zito, with whom he was having an affair despite living with another woman, while they were on holiday in Lagos. He is also believed to have killed his and Zito’s 21-month-old daughter Alexandra.

As far as German and Portuguese police are aware the suspect travelled to Portugal on 6 July 2010 accompanied by Georgina Zito, an Angolan national residing in Stuttgart, and their daughter Alexandra. They were staying in a hotel in Lagos.

On 10 July he is believed to have dragged Georgina into the sea on Canavial beach, where he drowned her, trying to make it look like an accident. He is believed to have then fled the scene, carrying Alexandra, who has been missing ever since.

He arrived back at the hotel hours later without his daughter, and on 13 July he travelled to Lisbon in a rented vehicle, from where he caught a flight back to Munich.

On 15 July a German police officer from a special command unit detained Dorries in his apartment after a European warrant for his arrest was issued by Portuguese authorities.

Since then he has been held in police custody and has been interrogated several times about the whereabouts of his daughter, though he refuses to disclose any further information.

Nevertheless he did say that the child was still alive the last time he saw her and claims that he handed her over to a couple of tourists in the Algarve. Both German and Portuguese police have carried out searches in the areas that he indicated in his statements though found no leads. Police now assume she is dead.

Thanks, Tony - so Germany has, well, ignored Portugal?

If you remember, the child's remains were found eventually - the forkers got all excited, thinking it was Madeleine

bb1 wrote:Thanks, Tony - so Germany has, well, ignored Portugal?

If you remember, the child's remains were found eventually - the forkers got all excited, thinking it was Madeleine

In effect Bonny, Germany told Portugal to get lost; they, were not getting their hands on one of their German citizens.
I guess Britain doesn't hold the same loyalty to its citizens?

So four days after being seen trying to drown the woman and running off with his daughter he caught a flight from Lisbon.
Well that was a bit of speedy detective work, I don't think, although I doubt he would have got away with refusing to answer question put by The PJ.
Well done Germany.

The suspect initially appealed against the extradition request via his German lawyer Sascha Petzold, because of the different languages but also so as his family could continue to visit him in jail.
Does Mr. Mitchell speak fluent Portuguese?

Not that I know of, Tony.

bb1 wrote:Not that I know of, Tony.

Then surely he can use the same issue of language?

Frankly, I think it's about time the useless, spineless UK government stood up for it's citizens, Tony. But as Cameron's latest Big Idea is squeezing pensioners to fund tax cuts for his rich friends, I don't see it happening.

More news:

http://www.annaraccoon.com/politics/update-portuguese-justice-graham-mitchell/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+AnnaRaccoon+%28Anna+Raccoon%29
Good God! Remind me never, ever to go to Portugal on holiday again.

At least it has now been raised in parliament, so hopefully, Cameron will, just for once, do something to protect British citizens - though he hasn't shown much sign of caring about ordinary voters so far.

It is so unprofessional and unbelievable, isn't it?

bb1 wrote:More news:

http://www.annaraccoon.com/politics/update-portuguese-justice-graham-mitchell/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+AnnaRaccoon+%28Anna+Raccoon%29
Good God! Remind me never, ever to go to Portugal on holiday again.

At least it has now been raised in parliament, so hopefully, Cameron will, just for once, do something to protect British citizens - though he hasn't shown much sign of caring about ordinary voters so far.

Yer, yer. Michael Cook's Case was raised in Parliament, and look where that got him.

Portugal hasn't actually got its paws on Mr Mitchell just now, Sabot, and hopefully that will continue.

Re-trial nightmare
24/3/2012

A 49-year-old British man is facing extradition to Portugal charged with the attempted murder of a German tourist in Albufeira, following the issue of a European Arrest Warrant, 17 years after he was acquitted.

Photographer Graham Mitchell was arrested at his home in Kent on 6 March by UK police acting on a European Arrest Warrant (EAW) issued by the Portuguese authorities who want a re-trial of the case.

In the original trial, Graham Mitchell and his friend Warren Tozer were accused of having pushed 25-year-old André Jorling over the esplanade of the Sol-e-Mar hotel in Albufeira on the night of 22 May 1994, leaving him paralysed from the waist down. (See The Portugal News 2 June, 1995, edition 359).

In a final hearing that lasted 25 minutes, both men were acquitted of attempted murder by judge Maria Lurdes Crispin, who said at the time that the exact circumstances of what had happened on the night in question had never been clearly established and it was the court’s duty to absolve the accused if there were any doubts as to their culpability.

Doubts that arose during the trial included contradictions between the original statement and what the defendant said in court on the first day of the case. Mr. Jorling’s statement also contradicted those given by two security guards who were key witnesses.

Now, 17 years later, it has emerged that an appeal of the verdict was made immediately after the trial, which the suspects knew nothing about.

Portugal’s Attorney General’s office explained on Wednesday the verdict was never enforced due to an immediate appeal lodged by the public prosecutor.

On 31 January 1996, “the appeal was deemed appropriate” and a complete retrial was ordered.

“The new trial was not carried out because the whereabouts of the suspect G. Mitchell were unknown” and he was found to be in contempt of a court order from 21 January 1998.

Ten years later, in December 1998, the presiding judge decided to issue a European Arrest Warrant, but this was only served on 6 March this year.

A number of campaigners are against the current EAW, which means EU countries can request citizens for trial from fellow countries within the bloc without outlining the evidence, making it difficult for the courts to resist.

Jago Russell, Chief Executive of Fair Trails International which is supporting Mr. Mitchell told The Portugal News: “Graham thought that he had left his ordeal in Portugal, in the past, but nearly 20 years later he faces the threat of extradition. We hope that Portugal realises that it would be wrong to extradite Graham so many years after he was cleared, and that they withdraw the request. We fear that if they do not, there may be little chance of stopping the extradition under the UK’s flawed extradition laws.”

Alex Tinsley, a strategic case worker at the Fair Trials International campaign group which is helping Mr. Mitchell told The Portugal News that the organisation feels the extradition order and potential retrial are “unfair as the events are very old.”

“There has already been a trial on these facts and Mr. Mitchell moved on, he received medical attention upon his return, founded a family,” he said, adding that the case has turned his world upside down.

The actual reasons for a re-trial of the case are unclear, as there appears to be no new evidence to add to the case.

According to Fair Trails International, a re-trial would be tantamount to double jeopardy, and they doubt Mr. Mitchell would receive a fair trial as witnesses’ recollections would be impaired after so many years.

Algarve-based lawyer Dr. João Oliveira Trindade told The Portugal News however that this is not a case of double jeopardy.

“Once the appeal was launched, which would have been immediately after the suspects were acquitted, the Supreme Court of Justice found that mistakes had been made and ordered the first court to do a re-trial,” he said.

“When the suspect could not be found, the statute of limitations, which for this case would be 15 years, was suspended. Now that he has been found, the clock starts ticking again,” he added.

As a re-trial has been ordered, it also means that if the second suspect, Warren Tozer is found, Portugal will ask for his arrest and extradition to face trial too.

Dr. João Trindade says he knows of similar cases of re-trials, although in his opinion, “after so many years it seems strange to be able to convict a man and another problem will be finding the original witnesses, some of whom may have died.”

Mr. Mitchell, who was released on bail following his arrest in the UK, is due to appear for a hearing at Westminster Magistrates Court on 28 March.

Although these cases are meant to be rapid, the decision of whether or not to extradite Mr. Mitchell could drag on, much like Portugal’s extradition request for the former Benfica football club chairman João Vale e Azevedo, who is still in the UK appealing against it.

Eloise Walton

Edition: 1157

http://theportugalnews.com/

The European arrest warrant adopted in 2002 replaces the extradition system by requiring each national judicial authority (the executing judicial authority) to recognise, ipso facto, and with a minimum of formalities, requests for the surrender of a person made by the judicial authority of another Member State (the issuing judicial authority). The framework decision entered into force on 1 January 2004 and replaced the existing texts in this area.

http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_criminal_matters/l33167_en.htm


and a very good comment under the portugalnews article

" Simply put: what planet are incompetent Portuguese authorities living on ? Quite frankly, it is they who are responsible for any failure to submit legal papers or pursue Mr Mitchell. Once again, we see how in Portugal, there is an entirely casual regard for professionalism and fairness. It is totally ridiculous to suggest they 'did not know the whereabouts' of Mr Mitchell. He is a British subject... so where on earth did they think he would be residing ? Can nobody in Portugal accept responsibility for their actions ? Must it always be the responsibility of others ?... this is the perfect example of why Portugal is in terrible financial difficulty at this time. "


When in the care of the PJ, he allegedly had a gun placed in his mouth first time around. How many times have we been told that we cannot extradite people to places where they are likely to be tortured.
Also, he now has a family, haven't the European Court of Human Rights ruled that others cannot be deported from the UK because they have a human right to family life ?
How the **** could Graham Mitchell have been in contempt of court in 1998 when he had no idea that there had been any problem with the original trial. As the EAW was not in place in 1996 and it is unlikely he would have been extradited to Portugal under the old extradition system, the long delay in that extradition request for someone who has made no attempt to hide away all this time seems mighty convenient.

Max, this whole case stinks to high heaven.

Everything about The Portuguese Legal System stinks. But so does The EAW.
We have no need to doubt The Gun episode because we've heard it all before. The PJ did exactly the same thing to Michael Cook, and knocked out some of his teeth.
Not that this is likely to happen now, or even that it was particularly relevant at the time because Graham Mitchell didn't confess.
I am afraid that Portugal might get away with this one because of the terms governing The EAW. So something has got to be done about it. But why is it that some innocent has to suffer before The UK stands up for it's Citizens.

This has reached the Resident now:

http://www.algarveresident.com/0-46213/algarve/briton-faces-extradition-after-17-years

If Germany can find a way round the EU warrant then so too can the UK!

crazytony wrote:If Germany can find a way round the EU warrant then so too can the UK!

It's dead simple, Tony. You just say NO. What are they going to do about it?

If it doesn't involve keeping his banker friends happy, then Cameron will do naff all. Except probably write an even bigger cheque to Portugal at the same time as he turns his back on yet another UK citizen.

Hang on a minute, if the warrant system did not come into effect until 2002 and Mitchell was tried in 1998; legally, unless the appeal by the prosecutor was filed before 2002, I don't think they can extradite him?