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Judge rules on football fan's extradition
18.08.09
A judge is expected to give his ruling today on whether an England football fan convicted of involvement in a riot during the Euro 2004 tournament should be extradited to Portugal to serve a prison term.
Garry Mann, a former firefighter, of Faversham, Kent, received a two-year sentence for his alleged role in football-related violence in the Algarve resort of Albufeira.
His lawyers have claimed at City of Westminster Magistrates' Court that the 51-year-old, who protests his innocence, underwent a fast-track legal procedure which produced an unfair trial.
Senior District Judge Timothy Workman was told by counsel for Mann at a hearing last month that the Portuguese authorities were seeking to "strike back" by trying to extradite him.
There has been a retrospective decision to take him to Portugal after he did not serve an term of imprisonment in Britain, and it would be "an abuse of executive power" if Mann were extradited, Anthony Metzer said.
Mann had only five minutes to speak to a lawyer before the case and was not told he could request an adjournment to prepare a defence, counsel claimed.
He did not understand it was a formal trial, but thought the procedure would result in deportation, he added.
British football intelligence officers present at the hearing in Portugal had the same understanding as Mann, that he would not have to serve the term in Portugal, with any sentence to be served in England, so long as he agreed to leave Portugal for one year, Mr Metzer said.
A British embassy official present had also said that was the position, he added.
The authorities in Britain did not enforce the two-year term.
Mann had heard nothing more until February this year that the Portuguese wanted him to serve the term there - "four-and-a-half years of silence", Mr Metzer said.
"He has continued since to be a law-abiding person in this country, he's a family man, he has been working throughout, and simply put the matter behind him."
Mr Metzer said Mann was arrested a mile away from the scene, and three hours afterwards.
Melanie Cumberland, for the Portuguese authorities, told the hearing that according to Portuguese police he was held at the scene.
From their summary of the case, he threw a bottle at officers, and told other people to charge against them.
"It's clear that he was arrested red-handed," she said, insisting the proceedings were fair.
There appeared to have been misunderstandings, involving "well-meaning bystanders", such as the police officers who were present at the trial, she said.
"There was no deal behind the scenes here," she added.
As to alleged delay in the case, she said it was not until September 2007 that confirmation was received by the Portuguese that Mann would not serve his sentence in the UK.
