High Court directs the surrender to Romania of a man sentenced for road traffic offences, on the grounds that the Court was satisfied that he has a right to retrial or appeal on his return.
European Arrest Warrant – issued from the Saveni Court of Law in Botosani Romania – European arrest warrant seeks the surrender of the respondent in order to enforce a sentence of 1 year and four months imprisonment – minimum gravity requirements have been met – sentence sought in excess of four months imprisonment – conviction of two road traffic offences – correspondence can be established between the offences referred to in the EAW and offences under the law of the State – Respondent swore on affidavit stating that he was aware of the incident – he compensated the owner of the offence – he says he was never arrested for the offence and was never questioned by the police – not aware of court hearing – doubt on whether he is entitled to retrial or a right to appeal – objection based on section 45 of 2003 European Arrest Warrant Act – court is satisfied that the respondent has an unambiguous right to retrial or an appeal – quality of the appeal or retrial is consistent with what is required by the Act – surrender of the respondent is not precluded by the act – Court makes an order pursuant to s.16 of the Act for the surrender of the respondent to Romania.