England football fan extradition decision deferred

Gary Mann: "Someone's got to make a decision in the end"

The European Court of Human Rights has deferred its decision on whether an England fan should be extradited to Portugal to serve a jail term.

Garry Mann, 51, of Faversham, Kent, was given a two-year term for his role in a riot in Albufeira during Euro 2004.

Portugal is seeking extradition under a fast-track European arrest warrant because Mann did not serve his sentence in the UK after deportation.

His lawyers claim he had an unfair trial under a fast-track procedure.

The European Court of Human Rights said it was deferring its decision pending the result of a final judicial hearing at the High Court, which is expected to take place at the end of March.

He has witnesses who could have supported his alibi, but his witnesses did not even have an opportunity to give evidence in the court Jago Russell, of Fair Trials International

Violent clashes erupted between England fans and police in Albufeira, in the Algarve, on 15 June, 2004.

Mann claimed he was arrested, beaten and deprived of sleep by police.

Less than 48 hours later, he was tried and found guilty of taking part in the disturbance.

The former firefighter said CCTV footage that could have proved he was in a bar away from the violence was never seen by the court and had been destroyed.

Portuguese police denied using unnecessary force against fans and mistreating those arrested.

Defence lawyers claimed Mann returned to the UK on the agreement that his sentence would be suspended if he agreed not to go back to Portugal.

Home Office officials said also said at the time, the England supporter would not serve the jail term in the UK because there was no legislative framework to support it.

Jago Russell, of Fair Trials International, called Mann's trial a "travesty of justice".

He said: "He [Mann] did not know what he was charged with until after he had been convicted.

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"He said he wasn't even in the area at the time. He has witnesses who could have supported his alibi but his witnesses did not even have an opportunity to give evidence in the court in Portugal because it all happened so quickly.

"It is a damning indictment of Europe's extradition system that the European court in Strasbourg has to stand in to deliver justice for a British citizen."

Last month, Mann lost the latest stage of his fight to avoid extradition when Appeal Court judge Lord Justice Moses, ruling on two of three applications for a judicial review, said the High Court had no jurisdiction to intervene.

Lord Justice Moses, sitting with Mr Justice Hickinbottom, said the apparent injustice did not stem from what Mann believed was an unfair and unlawful hearing.

The judge said he had instead been deprived of proper legal assistance "by two sets of lawyers in two separate jurisdictions on two distinct occasions".

Lord Justice Moses said he hoped the European Court of Human Rights would intervene, or diplomatic authorities in the UK or Portugal could "strive to achieve some measure of justice for Mr Mann, a justice of which he has been so signally deprived by those on whom he had previously relied".

Warrant review

David Blunkett, who as home secretary introduced the warrant system, said he thought it should be open to review in some cases.

Speaking on BBC's Today programme, he said: "I've got a great deal of sympathy in relation to Garry Mann six years on.

"I think the issue here, as it is in our own country, where there is alleged to be a mistrial, is the ability to appeal.

"That's why I think it is important we don't have a silly situation where people are extradited under something that was introduced to deal with very serious issues."