Former Lowestoft man guilty of possessing indecent images loses his extradition fight
PUBLISHED: 11:34 26 February 2016 | UPDATED: 11:41 26 February 2016
A former Suffolk law lecturer who jumped Ipswich Crown Court bail shortly before being convicted of child pornography for a second time is to be extradited from the Republic of Ireland.
A judge at the High Court in Dublin made the ruling yesterday despite Julian Myerscough’s claims he feared for his life and was not given a fair trial.
Evidence supplied by Ipswich police stated Myerscough, 54, formerly of Alexandra Road, Lowestoft, in Suffolk, was found guilty by a jury of 13 counts of possession of indecent images of a child on September 30, 2015.
He was also found guilty of three counts of breaching a Sexual Offences Prevention Order that had been placed on him after his previous conviction.
Myerscough was convicted in his absence and police applied for a warrant for his arrest.
Once the arrest warrant was issued, police alerted the port and airport authorities and contacted gardai (Irish police) as they feared he would flee to Ireland.
That night gardai confirmed that Myerscough was on board a ferry from Holyhead in Wales heading to Dublin.
Myerscough was arrested on October 2 at a hotel in Dublin under a European Arrest Warrant.
At his hearing in the High Court, Kieran Kelly BL, representing Myerscough, said his client should not be extradited because he had not received a fair trial in Britain.
In an affidavit handed into the court Myerscough claimed a key police witness, whose testimony was used to convict him, was not available for cross examination during trial.
Mr Kelly said this was a breach of his client’s right to a fair trial under Section 6 of the European Convention on Human Rights.
Myerscough also claimed he had been spat at and threatened in the street after his home address was revealed by the media. He said he lived in fear of death and police in Britain were not able to protect him. Mr Kelly also raised issues about the European Arrest Warrant, which he said had been completed in a hurry and contained numerous errors and omissions.
Passing her judgment, Justice Aileen Donnelly described as “self-serving” a further argument that Myerscough had not been convicted, even though the jury had found him guilty.
Myerscough, who is a former law lecturer, had argued in an affidavit that his conviction was not complete until a “Certificate of Finding” was issued by the court.
Ms Donnelly said this is “not a requirement and never has been”. She also questioned Myerscough’s expertise, saying that although he is a former law lecturer, he had not told the court what area of law he lectured in.
Justice Donnelly also dismissed the concerns raised regarding the arrest warrant, saying a “technical failure” does not impinge on the application and she is satisfied that no injustice has been caused.
Regarding his right to a fair trial, Ms Donnelly said the British court had already examined his case and dismissed his claims.
She added she will make the order for his surrender on Monday and remanded Myerscough in custody.
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