Surprising News: Canadian Psycho Luka Rocco Magnotta Extradition From Germany To Canada Could Take Years!!!
Luka Rocco Magnotta’s extradition from Germany could take years, lawyer says
OTTAWA—It could take up to two years for murder suspect Luka Rocco Magnotta to be extradited from Germany to stand trial here. More, if he decides to fight every step of the way.
For those who’d like nothing more than to hear nothing more about the narcissistic Canadian who was arrested in Berlin surfing news about himself, get ready.
“It’s the flipside of the Karl Heinz Schreiber case,” said Vancouver lawyer Gary Botting, who wrote the Canadian Extradition Law Practice.
In an interview with the Star, Botting said Schreiber’s 10-year battle to fight extradition from Canada to face tax evasion charges generated “huge headlines” in Germany every time. “I think the same thing is going to happen here.”
The Canada-Germany Extradition Treaty was never formally ratified, but it is the guiding legal document and lays out the principles that apply, as well as a timeline of what to expect, said Botting.
Under it, Canada and Germany agree to extradite individuals charged with an act that is a criminal offence in each. Germany does not extradite anyone to face the death penalty. That doesn’t apply here as Canada doesn’t have the death penalty. Unlike Canada, Germany does not extradite its nationals, preferring to prosecute within Germany. Magnotta is a Canadian citizen.
Canada has 45 days from Magnotta’s arrest to file a formal extradition request, called a “record of the case,” which triggers the judicial proceedings.
Germany would then schedule an extradition hearing, possibly assigning Magnotta a lawyer if he cannot afford one. A defence lawyer may request time to become briefed, so Botting estimates it might take six months before a hearing is held.
Magnotta has 30 days after a decision of the court to appeal to the local minister of justice. He could argue he would not get a fair trial in Canada or he could argue he is not fit to stand trial, says Botting. The minister has 90 days before making a decision whether to surrenderMagnotta, which can be extended for another 60 days. The suspect then has 30 days to appeal a minister’s decision to surrender him to Canada to a court of appeal — a process that could take another six months “because courts are busy and lawyers have to prepare factums.”
After that, says Botting, the suspect could appeal a negative ruling to the national court of Germany, the equivalent of the Supreme Court of Canada.
He guessed it would be at least 18 months to 2 years “if every deadline is met” before a decision is made, more if Magnotta decides to drag it out.
“Motivation is a huge factor here. He won’t be motivated to come back to Canada right away necessarily,” says Botting. “If he’s publicity-seeking, that’s exactly playing into his hands. He’s going to fight it every step of the way.”
Moreover, says Botting, extraditions are a hot topic in Europe right now, with a controversy roaring around the use of European warrants — created to ease inter-country transfers of wanted criminals, much the way Canadian provinces easily transfer suspects across provincial boundaries. Sweden and Norway almost never extradite anymore, and Germany’s following suit, he said.
Canada has extradited Schreiber, Holocaust denier Ernst Zundel and Walter Ebke, a resident of the Northwest Territories wanted on terrorism charges in Germany. However, Botting does not recall a recent case where Germany extradited a citizen to face justice in Canada.
Justice Minister Rob Nicholson’s office issued a statement Monday saying Magnotta was arrested on “an Interpol Red notice which under German law constitutes a provisional request from Canada for his extradition. Pursuant to the Canada-Germany Treaty on extradition, Canada has to now submit a formal request for his extradition accompanied by documentation outlining the evidence supporting the request.”
“Officials with the International Assistance Group (IAG) are working expeditiously in conjunction with officials from the Attorney General of Quebec (the prosecuting authority) to prepare the materials in support of the request. Mr. Magnotta is scheduled to make a first appearance in court in Berlin tomorrow morning,” said spokeswoman Julie DiMambro in an email.
“Canada will continue to be advised of the progress of this matter through the German courts.”