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13 July 2017
Issue: 7754 / Categories: Legal News
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Harkins loses ‘final appeal’

Phillip Harkins, who is accused of committing a fatal gun robbery in Florida in 1999 when he was 20 years old, has lost his final appeal in one of the UK’s longest-running extradition battles.

Harkins has always denied being involved in the shooting of Joshua Hayes. After being released on bail and returning to the UK in 2002, he was convicted and imprisoned for dangerous driving that resulted in a woman’s death in a car crash. The US authorities then sought his extradition for the murder of Hayes, leading to an unprecedented legal battle that went to the European Court of Human Rights twice. The court ruled this week that Harkins’s Art 3 rights would not be breached if he was imprisoned for life without parole.

Danielle Reece-Greenhalgh, solicitor, Corker Binning, said: ‘Mr Harkins has reached a point, after 14 years, where the legal avenues available to him have been exhausted.

‘Unless he or his legal team can find cogent and compelling new evidence with which to launch a fresh challenge, this will bring to an end one of the longest extradition battles in UK history, and Mr Harkins will be put on a plane back to the US.

‘The decision regarding the inadmissibility of Mr Harkins’ claim does not in itself come as a surprise. The court will only hear the same appeal again if different grounds are relied upon, or if new evidence can substantiate an existing ground in a way which is materially different to previous attempts.’

Reece-Greenhalgh said the court had noted that there is a system in Florida whereby clemency can be granted. In a separate case, Vinter & Ors v UK, in 2013, the court decided that in order for a life sentence not to constitute inhuman and degrading treatment, it must include at least the possibility of review and release.

Issue: 7754 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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