High Court, pursuant to a European Arrest Warrant, orders the surrender of a man for prosecution in Lithuania, on the grounds that the clear purpose of the warrant and the associated coercive measure, was to enable the continuance of the prosecution already initiated, rather than to address any legal consequences of the respondent’s departure from Lithuania.
European arrest warrant – Lithuanian authorities seeking surrender of man for prosecution – argued that his surrender was prohibited as no decision had been made to charge and try the respondent with any particular allegation or offence – argued that any decision arose from his alleged flight and not the incident – additional information and affidavit evidence - High Court is not precluded from considering material submitted in connection with a surrender application unless such material is entered in evidence by way of affidavit - before the High Court can receive and take into account such information, it must be established that the information communicated emanates from the judicial authority of the requesting state - court needs to be satisfied only of the provenance of such information, rather than focusing on whether it has been submitted in any particular form, whether by affidavit or otherwise – manner in which further information was sought - nothing improper or untoward that either the form of request made by the central authority or the reply by the requesting authority in this case - objection to admissibility of the factual information placed before the Court is not made out - defect in the English translation - pre-trial investigation proceedings conducted in the absence of the respondent - no defect or omission in the form or substance of the original arrest warrant as assembled in Lithuania - an intention to proceed against an accused as of the date of the warrant is required - presumption in favour of charge and trial is not displaced by the fact that procedures in the requesting state contain an element of further investigation, or require the respondent to be present for the purposes of those procedures - no expert evidence as to Lithuanian criminal procedure - clear evidence that the status of the respondent has moved beyond that of simply being a person suspected of having committed an offence into a situation where he is now effectively charged with having committed that offence and is in the process of being put on trial for that offence - the clear purpose of the warrant and the associated coercive measure is to enable the continuance of the prosecution already initiated, rather than to address any legal consequences of the respondent’s departure from Lithuania – surrender ordered