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	England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Bushataj v Karlsruhe Public Prosecutor [2014] EWHC 4578 (Admin) (17 December 2014) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2014/4578.html Cite as: [2014] EWHC 4578 (Admin)

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IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

		Royal Courts of Justice Strand London WC2A 2LL
		17 December 2014

1. MR JUSTICE WILKIE: I have read these papers and it seems to me that the risk of absconding is one that is very substantially mitigated by the family ties which he has and to which he has been loyal for a number of years, long before these issues came to light. That coupled with the fact that there are two persons prepared to stand surety in not insignificant sums, one of them a businessman, another someone who has known his family I think through his partner, they are obviously not linked, coupled with the other conditions, I am prepared to grant bail.
2. MR HAWKES: I am very grateful.
3. MR JUSTICE WILKIE: I am not sure that daily reporting to Edmonton Police Station is necessary. That is quite onerous for everybody concerned. Perhaps a couple of times a week.
4. MR HAWKES: Perhaps Monday and Thursday.
5. MR JUSTICE WILKIE: Each Monday and Thursday, yes. What are the other conditions?
6. MR HAWKES: My Lord, there is slight confusion because I have the written bail notice and then there were late further instructions. I have a draft order, which your Lordship should have.
7. MR JUSTICE WILKIE: Yes.
8. MR HAWKES: So that will be residence at Middlesbrough Road.
9. MR JUSTICE WILKIE: Residence, tagging.
10. MR HAWKES: Tag curfew between 10.00 pm and 7.00 am.
11. MR JUSTICE WILKIE: Right.
12. MR HAWKES: Reporting between 4.00 pm and 10.00 pm every Monday and Thursday. Passport to remain with the Home Office to be surrendered immediately to the court if returned.
13. MR JUSTICE WILKIE: Yes.
14. MR HAWKES: And there are two sureties of £10,000 each to be sworn. My Lord, I am not sure if this court is able to take a sworn surety. If it is, I would like the court to do it; if not --
15. MR JUSTICE WILKIE: I think it is best to deal with it at that level, at the magistrates' court level or the police station.
16. MR HAWKES: My Lord, we would prefer the police station simply because it is more immediate. They can do that today.
17. MR JUSTICE WILKIE: Yes.
18. MR HAWKES: And then a restriction not to apply for any international travel documents.
19. MR JUSTICE WILKIE: Yes, very well. Mr Seifert, have you any comment on any of these conditions and practicalities?
20. MR SEIFERT: No, my Lord, save that I was just looking at the draft order, and I was querying whether or not there is still a security as well as the two sureties?
21. MR JUSTICE WILKIE: No. My understanding is there are two sureties, rather than one security.
22. MR SEIFERT: Yes.
23. MR JUSTICE WILKIE: Yes, that is what is being offered. That is correct, is it not?
24. MR HAWKES: Yes, my Lord.
25. MR JUSTICE WILKIE: And those sureties will have to be taken and demonstrate their ability to meet it.
26. MR HAWKES: Yes.
27. MR SEIFERT: The one other condition, my Lord, that I would ask for if that were possible would that Mr Bushataj's mobile telephone number be made available and switched on between the hours of 9.00 am and 5.00 pm.
28. MR JUSTICE WILKIE: Any problem with that?
29. MR HAWKES: I don't believe so. I can turn my back and obtain the number if the court requires it. My Lord, we can obtain that shortly.
30. MR JUSTICE WILKIE: I will add that as an additional.
31. MR HAWKES: My Lord, in fact I invite you not to add that condition. The police seized his mobile phone in connection with the domestic matter and have not returned it, so he could not comply with it.
32. MR JUSTICE WILKIE: Does he not have a phone then? He has been on bail since September. It would be difficult for him to survive without a mobile phone in this day and age.
33. MR HAWKES: My Lord, forgive me, it is my fault for trying to deal with these things on the hoof. The extradition police I am told seized his phone. It is at Edmonton Police Station with his property.
34. MR JUSTICE WILKIE: Will that be returned? He has a phone. It was seized when he was taken into custody, as a result of the execution of the extradition warrant.
35. MR HAWKES: Yes.
36. MR JUSTICE WILKIE: If he now has conditional bail, unless there is any reason for it to be detained, presumably it will be returned to him.
37. MR HAWKES: It ought to be. But my Lord, sometimes there are difficulties, sometimes property gets lost. Could I invite the court to say within 7 days to inform the CPS and the police of this mobile phone number which must be kept on and available between 9.00 am and 5.00 pm.
38. MR JUSTICE WILKIE: That sounds to me like that covers it. Mr Seifert, do you have any objection to that?
39. MR SEIFERT: My Lord, I would agree with that. There is something else which has just occurred to me, which is that it would probably be more sensible if the bail conditions in these proceedings were identical to those in the domestic proceedings. As in we incorporate the bail conditions in those proceedings to those in the extradition proceedings.
40. MR JUSTICE WILKIE: The GBH proceedings, as I understand it, it is condition of residence plus conditions not to approach witnesses and not to attend wherever the scene of the fracas was.
41. MR SEIFERT: Yes.
42. MR JUSTICE WILKIE: Those are obviously tailor made to meet the requirements of that.
43. MR SEIFERT: Yes.
44. MR JUSTICE WILKIE: This is in relation to quite serious drugs offences which are alleged and prevent him from absconding from attending court to have those matters dealt with. It seems to me that these additional conditions are actually required.
45. MR SEIFERT: Yes, my Lord.
46. MR JUSTICE WILKIE: And it would be a mismatch, I think, to simply have the same conditions. If they prove overly onerous, then an application can be made to vary and the CPS can take a view.
47. MR SEIFERT: Yes.
48. MR JUSTICE WILKIE: So the decision in principle is that bail shall be granted on the conditions as set out in the draft order and as we have discussed. We will have to have a specific date for the first day of reporting, which will either be tomorrow or the following Monday, depending on how quickly he can be released from his present incarceration.
49. MR HAWKES: Yes. My Lord, in my experience he will have some form of proof of the date and time of his release, and he can provide that to the police. He would be well advised to report to the police as soon as he is released to announce himself and the timetable.
50. MR JUSTICE WILKIE: If we say the first day the 18th if released from custody by then. And then, there is the addition of the mobile phone condition on the basis of notification within 7 days of a number and to maintain it on between 9.00 am and 5.00 pm.
51. MR HAWKES: Yes.
52. MR JUSTICE WILKIE: Very well. That can be drawn up.
53. MR HAWKES: My Lord, I can draw that up directly.
54. MR JUSTICE WILKIE: Thank you very much.