Tourists must wait for extradition decision

Two British tourists face months of waiting to find out if they must return to Cyprus to serve a three-year jail sentence for their involvement in a teenager's death.

Luke Atkinson, 24, and Michael Binnington, 23, both from Witham, Essex, appeared at City of Westminster Magistrates Court today hoping to discover whether they had won their fight against extradition.

But the case was adjourned to a later date. And it is likely to be taken to the High Court next year before it is resolved.

The two men were passengers in a car driven by Atkinson's uncle Julian Harrington in Protaras, Cyprus, in 2006, when it hit a moped.

The bike's pillion passenger, Christof Papiris, 17, was knocked off and killed, while the driver was also seriously injured.

Harrington, from Witham, Essex, is serving a 15-year jail sentence after admitting manslaughter and causing grievous bodily harm.

The court heard Harrington set off in pursuit of the moped at "very high speed" after a brawl outside a nightclub.

It was later discovered the injured parties had nothing to do with the earlier fight.

Atkinson and Binnington have said they were only involved "unwittingly" as back seat passengers in a highly drunken state.

They were initially acquitted, but at an appeal hearing in April at the Supreme Court of Cyprus which they did not attend, they were found guilty of conspiracy to cause manslaughter.

They were sentenced to three years in prison and European Arrest Warrants were later issued to return them to Cyprus.

Alan Jones, defending, told the court the men were not advised to attend the appeal hearing by their lawyers and it did not amount to a trial.

But District Judge Quentin Purdy ruled today: "The Supreme Court of Cyprus conducted a trial at which both men deliberately absented themselves."

He found they did realise the nature of the hearing, but "seemed reasonably relaxed to continue proceedings, perhaps given their geographical position in the UK".

He adjourned the case to September 19 when another hearing date will be set. Both men are on bail.

It must now be decided whether the trial in Cyprus was fair and in compliance with the Human Rights Act.

Afterwards, Atkinson and Binnington, who were supported by their families, said they were "disappointed" with the adjournment, but declined to comment further.

Extradition lawyer Karen Todner said: "It's obviously disappointing. The court has held that they were aware of their appeal and they deliberately absented.

"Now we have to decide whether the trial at the Supreme Court of Cyprus was fair and in accordance with the Human Rights Act."

To comply with the Act, lawyers must be able to call and cross-examine witnesses.

Ms Todner said both sides had indicated they will appeal any extradition decision in the High Court, which means the issue is not likely to be resolved until at least the beginning of next year.

Labour MEP Richard Howitt, who has campaigned on behalf of the two men, said: "The real issue for me is that this wasn't a fair trial.

"Indeed, it is hard to accept that the boys could have a fair trial when they were not even present.

"It is right that the boys use every legal avenue available to challenge what we believe is an unjust conviction.

"Today's hearing is a huge disappointment for Michael, Luke and their families and the fact that the ordeal continues casts a further shadow over their lives."