High Court refuses surrender of respondent to Romania on foot of a European Arrest Warrant, on the grounds that the requirements for trials in absentia were not satisfied.
European arrest warrant – custodial warrant – Romanian authorities seeking surrender of respondent – two convictions – several requests for further information – trial in absentia – points of objection - not aware of the hearings – service – warrant factually incorrect - never informed that the suspension would be revoked upon conviction of the second offence - service of a summons on an adult belonging to the household of the person whose surrender is sought, and who undertakes to pass the summons on to that person, does not of itself satisfy the conditions set out in the Framework Decision – alleged lack of due diligence - conduct of the respondent - difference between deeming service good and being unequivocally satisfied that service on a party has occurred – requirements for hearings in absentia not met - implicit that that appeal was prosecuted and then dismissed – surrender refused –