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Last Updated: Friday, 29 September 2006, 17:19 GMT 18:19 UK
IT expert faces deportation to US
GHB
Mr Calder faces deportation to the US over the GHB claims
A Scots computer expert is to stand trial in America on charges connected with a date rape drug.

David Calder, 35, from Aberdeen, is facing deportation to California over claims he imported ingredients from the UK to America to make the drug GHB.

Calder appealed against the decision of Edinburgh Sheriff Court that the extradition should go ahead.

His legal team had argued his alleged crimes did not constitute extradition offences as he had never left Scotland.

He had appealed against the decision of Scottish ministers to uphold his extradition.

A person may, quite consistently with the ordinary use of language, be said to import materials into the United States even though he never leaves Scotland
Appeal judges

In a written judgment three appeal judges said they were duty-bound to uphold treaty obligations between countries, including the United States.

The judges, who heard the appeal at the Appeal Court in Edinburgh, said the fact Calder was not in America at the time of the alleged crimes was irrelevant, as his alleged criminal conduct could still be seen to occur there.

The statement said: "In our view conduct can properly be interpreted as occurring in the place where it has effect.

"Thus a person may, quite consistently with the ordinary use of language, be said to import materials into the United States even though he never leaves Scotland."

The appeal judges added: "Although the appellant was at no relevant stage physically present in the United States, his actions in the United Kingdom allegedly resulted in the commission of serious crimes in that country, affecting or potentially affecting a large number of people there."

Serious crimes

Calder is also accused of conspiring to manufacture GHB, while acting with another man and importing chemicals with the intention that they would be used for human consumption.

He also faces money laundering charges.

His legal team claimed his extradition was not necessary under the Human Rights Act 1988.

They will now take their case to the Privy Council.


SEE ALSO
Two accused over 4.4m GHB haul
25 May 06 |  Edinburgh and East
DIY date rape drug man detained
02 May 06 |  North East Wales

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