Lewicki applied under the Extradition Act 2003, s 26 for leave to appeal against the decision of District Judge Zani, who on 9 Aug 2016 ordered his extradition to Italy (a Part 1 territory) pursuant to an European Arrest Warrant relating to ten offences involving tobacco smuggling.
The Court granted permission to appeal on the ground relating to “the abuse of process argument in relation to the ultimate order to extradite the applicant in respect of all the offences set out in the EAW”. Lewicki had been acquitted by a competent court in relation to nine substantive offence and had this been raised before the District Judge, “he would have ordered the applicant’s discharge in relation to each of the nine substantive offences”. Accordingly, the extradition order was quashed in relation to the nine substantive offences, but the order for Lewicki’s extradition for the offence of participation in a criminal association remained.
Mark Summers QC was involved in this case.