Summary

While the Judge in this extradition appeal ultimately reached the same conclusion as the District Court Judge, and dismissed the appeal, he pointed out significant deficiencies in how the District Court Judge had treated the expert psychological evidence.

Learning points

• Judicial criticism is not always justified, as in this case where the appeal Judge found that the District Court Judge did not give appropriate weight to the expert’s reasoned, expert and unchallenged opinion.

• The court must have a reasonable basis for substituting its own view in the place of unchallenged expert evidence.

• Getting the basics rights, e.g. declaration and statement of truth, clearly setting out your relevant experience, is the foundation of your credibility.

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