Goodyer and Gomes v Government of Trinidad and Tobago - JustCite

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Goodyer and Gomes v Government of Trinidad and Tobago

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Justis Editorial on 30 August 2011

Passage of time as a potential bar to extradition

The House of Lords handed down judgment in the case of Gomes and another v Trinidad and Tobago 05/05/2009 Times Law Reports on 29th April 2009. The appeal to the House of Lords concerned the interpretation of sections 14 and 82 of the Extradition Act 2003 c. 41 in the light of the lower decision and Krzyzowski v the Circuit Court of Gliwice, Poland [2007] EWHC 2754 (Admin).

The House considered Kakis v Government of the Republic of Cyprus [1978] 1 WLR 779 and held that the Krzyzowski case had correctly interpreted the law regarding passage of time as a bar to extradition. Dismissing the appeals, the House stated in most circumstances “fugitives” such as the appellants who had deliberately fled the jurisdiction where they had been due to appear, could not blame the requesting state for the resulting delay in compelling him to appear at trial.

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