Ahsan Ali Syed v Government of Switzerland & Anor
[2024] EWHC 1959 (Admin)
Syed v Government of Switzerland
8 August 2023
[2023] EWHC 2376 (Admin)
High Court
A man accused of a big fraud wants bail while he fights extradition to Switzerland. Even though he says he won't run, the judge thinks he might because he's from Turkey (which won't send him back) and hasn't really proven he belongs in the UK. So the judge said no bail.
Key Facts
- •Applicant (Syed) sought bail in the High Court following a District Judge's decision to send his extradition case to the Secretary of State.
- •The Government of Switzerland requests extradition for alleged advance fee fraud (approx. £25 million).
- •Applicant was arrested in November 2022 and refused bail multiple times.
- •District Judge dismissed two allegations due to lack of dual criminality, sending the case to the Secretary of State based on 21 allegations.
- •Applicant offered bail conditions including residence at a specified address, electronic curfew, and security.
- •Applicant argues he is not a flight risk, citing the District Judge's finding he wasn't a fugitive, dismissal of similar charges in Bahrain, and strong UK ties.
- •Respondent argues that the applicant's self-interest in delaying extradition outweighs any bail conditions.
- •Applicant previously held an Indian passport, but now holds Turkish nationality.
- •The Secretary of State intended to decide on the case by September 4th, 2023.
- •The alleged offending is serious, large-scale sophisticated fraud causing a loss of approximately £25 million.
Legal Principles
Extradition Act 2003, Part 2
Extradition Act 2003
Presumption of bail in accusation cases.
Not explicitly stated, but implied in the judgment.
Double jeopardy principle.
Mentioned in arguments, but not explicitly stated as a legal principle in the judgment.
Seriousness of the offence is a relevant factor in bail considerations but not the sole ground.
Established case law, cited in the judgment.
Outcomes
Bail application dismissed.
Despite offered conditions, substantial grounds existed to believe the applicant would fail to surrender; stronger factors against bail than for it (including Turkish nationality, shallow UK ties, and serious nature of the alleged crime).