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Showing posts with label extradition. Show all posts
Showing posts with label extradition. Show all posts

October 10, 2018

Trial dates tentatively set for December 2018 for 19 "Operation Demetra" defendants


Judges from the Tribunale del Riesame di Caltanissetta, the court of first instance with general jurisdiction in criminal matters within the territory of Caltanissetta, Sicily, have set a tentative date for trial of December 2018 for 19 of the individuals connected to Italy's Operation Demetra. 


Resident of Belpasso, Italy
Palmino Pietro Signorello, 66

Residents of Campobello di Licata, Italy
Francesco Giordano, 71 
Luigi Giuseppe Grisafi, 64

Residents of Gela, Italy
Giuseppe Cassarà, 58
Simone Di Simone, (also known as "Ucca aperta"), 46
Rocco Mondello, 61
Orazio Pellegrino, (also known as "nacagliacani"), 54

Resident of Mazzè, Italy
Salvatore Pappalardo, 55

Residents of Paternò, Italy
Luigi Signorello, 34

Residents of Ravanusa, Italy
Matteo Bello, 53
Calogero Ninotta, (also known as "Lilli"), 39
Gaetano Romano, (also known as "Mimmo"), 58

Residents of Riesi, Italy
Angelo Chiantia, (also known as "Faccia pulita") 59  
Francesco Lucerna, (also known as "U zu Ginu") 76
Gaetano Patermo, (also known as "Tano"), 63

Resident of Strongoli, Italy
Luigi La Croce, 62

Residents of Torino, Italy
Giovanni Lucerna, 49
Maria Debora Lucerna, 55

Resident in Stanmore (London), UK
William Veres, (also known as “il professore"), 64

Lawyers for the accused are:

Ivan Bellanti
Angelo Cafà
Paolo Di Caro
Davide Limoncello
Ignazio Valenza

The gup of the Court of Caltanissetta, also has decided to revoke the precautionary measures, of three defendants who had previously been released pending trial to their homes with permission to go to leave to go to and from work.  Those individuals are Francesco Giordano, Luigi Giuseppe Grisafi, and Calogero Ninotta.

Previously the Italian courts rejected an appeal made through attorney, Davide Limoncello, presented in relation to a European arrest warrant (EAW) issued for William Veres. The London-based Hungarian antiquities dealer is one of the strategic names in Operation Demetra, an Italian-led illicit trafficking blitz carried out by law enforcement authorities in Italy, Germany, Spain, and the United Kingdom in July 2018. 

Veres has been released on bail with supervised release conditions while he awaits the UK's ruling at London’s Westminster Magistrates Court as to whether or not he should be extradited to Italy to face the charges against him. Extradition to Italy is regulated by law as well as by international conventions and agreements. In general, extradition, is this case between Britain and Italy, means that Italy has asked the UK to surrender Veres as a suspected criminal in order to stand trial for an alleged violation of the Italian law. But before doing so, the antiquities dealer is entitled to an extradition hearing. For more on this procedure, please see our previous article here. 

Should the UK judge, at the extradition hearing, decide it would be both proportionate and compatible, Veres' extradition to Italy would subsequently be ordered and Veres would then, if he so chose, ask the UK High Court for permission to appeal this decision, provided that request is made within seven days of the previous order. If the High Court does not grant his appeal, in that situation and later affirms the lower court's ruling that extradition is both proportionate and compatible, Veres would become subject to extradition within 10 days of the final court order, and would then be transferred to Italy either in time for the December court hearing, or to be rescheduled at a later date. 

August 8, 2018

Sicilian judges reject appeal made by William Veres

Screenshot of William Veres from the documentary
“The Hunt for Transylvanian Gold
Judges from the Tribunale del Riesame di Caltanissetta, the court of first instance with general jurisdiction in criminal matters within the territory of Caltanissetta, Sicily, have rejected an appeal made through attorney, Davide Limoncello,  presented in relation to a European arrest warrant (EAW) issued for William Veres.  The London-based Hungarian antiquities dealer is one of 41 persons who have been named in Operation Demetra, an Italian-led illicit trafficking blitz carried out by law enforcement authorities in Italy, Germany, Spain, and the United Kingdom in July 2018.  

The appeal presented by Limoncello on behalf of Mr. Veres was made to address the personal and real precautionary measures requested by the Italian authorities in relation to his client, deemed necessary by the prosecutor in the context of the criminal proceedings related to the case. 

Veres was taken into custody on 4 July by officers from London's Metropolitan Police - Art and Antiques Unit at his home in Forge Close, Stanmore in north-west London.  Subsequent to his arrest, Veres was released on bail with supervised release conditions while he awaits the UK's ruling at London’s Westminster Magistrates’ Court as to whether or not he should be extradited to Italy to face the charges against him.

Extradition to Italy is regulated by law as well as by international conventions and agreements. In general, extradition, is this case between Britain and Italy, means that Italy has asked the UK to surrender Veres as a suspected criminal in order to stand trial for an alleged violation of the Italian law.  But before doing so, the antiquities dealer is entitled to an extradition hearing.

During that extradition hearing a UK judge will need to be satisfied that the conduct described in the European arrest warrant amounts to an extraditable offence in Great Britain.  This means, in almost all cases, that the alleged conduct of the suspect would also amount to a criminal offence were it to have occurred in the UK.  The UK courts would also have to evaluate whether or not  any of the UK's statutory bars to extradition apply. 

Most of the bars prohibiting extradition in the UK have to do with double jeopardy, the absence of a prosecution decision (whether the prosecution case against the accused is sufficiently advanced) or whether or not the request by the requesting foreign authority is improperly motivated.   The London judge will also decide if extradition would be disproportionate or incompatible with Veres'  human rights. 

Should the judge at the extradition hearing decide it would be both proportionate and compatible, Veres' extradition to Italy would subsequently be ordered.  Veres could then, if he so chose, ask the UK High Court for permission to appeal this decision, provided that request is made within seven days of the previous order.  

If the High Court grants an appeal, in that situation and later affirms the lower court's ruling that extradition is both proportionate and compatible, Veres would become subject to extradition within 10 days of the final court order (unless an agreement to extend, due to exceptional circumstances, is made with Italy).

By:  Lynda Albertson