Kamil Drzewiecki v Polish Judicial Authority
[2024] EWHC 1756 (Admin)
Kamil Drzewiecki v Polish Judicial Authority (No 2)
19 September 2024
[2024] EWHC 2381 (Admin)
High Court
A man is fighting extradition to Poland for tax fraud. A court ruled that sending him to Poland isn’t unfair, even though he might get a lighter sentence in the UK, because his crimes were serious and connected to other crimes he's already being extradited for. His appeal was rejected.
Key Facts
- •Kamil Drzewiecki appeals extradition to Poland for VAT fraud.
- •Two separate accusations of VAT fraud are involved, one previously considered by Chamberlain J ([2024] EWHC 1756 (Admin)).
- •The appeal focuses on statutory proportionality under the Extradition Act 2003 s.21A(1)(b) with (2)-(3).
- •The first fraud involved PLN 527,414.84 (April to July 2011), the second PLN 68,149 (January 2011).
- •Appellant's previous conviction for assault, robbery, and theft was extinguished due to qualifying remand.
- •Appellant argues the likely sentence in England for the January 2011 offense would be suspended.
- •The offenses are linked and involve false invoices and a fake company (KAM-BUD).
Legal Principles
Statutory proportionality in extradition under Extradition Act 2003 s.21A(1)(b) with (2)-(3).
Extradition Act 2003
Consideration of the overall context and linked offenses in extradition cases, even for 'minor financial offences'.
Criminal Practice Direction §17A.5
Outcomes
Appeal dismissed.
The court found no error in the judge's rejection of the statutory proportionality argument. The offenses were linked and serious. The potential sentence in Poland, even considering the possibility of less coercive measures, did not render extradition disproportionate. Putative fresh evidence was deemed insufficient to change the outcome.
Applications for permission to appeal and adduce fresh evidence refused.
The fresh evidence was deemed incapable of being decisive.
Similar Cases
Norbert Miernik v Sad Okregowy III Criminal Division In Kielce, Poland
[2024] EWHC 1457 (Admin)
Jerzy Suszynski v Regional Court in Gorzow (Poland)
[2023] EWHC 2899 (Admin)
Slawomir Sekula v Regional Court In Bydgoszcz
[2023] EWHC 446 (Admin)
Ewa Andrysiewicz v Circuit Court in Lodz, Poland
[2024] EWHC 1399 (Admin)