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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 >> Crown Prosecution Service, R (on the application of) v Kumbaro [2010] EWHC 2359 (Admin) (02 September 2010) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2010/2359.html Cite as: [2010] EWHC 2359 (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
		2nd September 2010

1. MR JUSTICE IRWIN: The respondent, whom I accept to be Iliya Kumbaro, is alleged by the Government of Albania, in his capacity as former chief of the First Branch of Intelligence Services Directorate in Tirana, to have committed grave offences of torture and kidnap in the early to mid 1990s, I think 1995. There was a finding in March 2009 by District Judge Riddle that this respondent is indeed Mr Kumbaro, although he continues to deny that and to claim that he is genuinely a man called Shatri, a Kosovan asylum seeker who achieved first of all asylum and then established British citizenship as a refugee following fleeing from Kosovo. Therefore the application has to proceed on the basis that this is in fact Mr Kumbaro, that he is lying about his identity and that he achieved first of all the grant of asylum and then British citizenship on a false claim.
2. The criminal proceedings in Albania which underlie the extradition proceedings have been truly tortuous. It is sufficient to say that a first warrant had to be withdrawn through a technical problem. At the time of its withdrawal, or rather consequential upon its withdrawal, when the original extradition proceedings were abandoned, counsel then appearing for the Crown Prosecution Service acting on behalf of the Albanian Government made it clear that fresh proceedings would be issued on the basis of a fresh warrant. That took place in December 2009.
3. Mr Kumbaro was at liberty and did not abscond between December 2009 and August of this year when he was rearrested and it is said on his behalf that this deals with all risk or the essential risk in the case, which is absconding. That is aside from the basis of the application on behalf of Mr Kumbaro, which is that he is elderly, has health problems and has an awful lot to lose by absconding from Britain.
4. He has been in custody since 24 August. He has previously, therefore, had 15 months in custody while the previous warrant was current and he has now had a couple of weeks in custody pending this appeal. The appeal is from the decision of an experienced District Judge, who granted bail on conditions, specifically on the basis that the respondent was indeed Iliya Kumbaro and was lying about his identity.
5. It seems to me that the appropriate decision here is to grant bail but on more restrictive terms than those given by the District Judge. He imposed the following conditions: first to live and sleep at 364 Fulham Court, Fulham Road London SW6 5QD; secondly, the cash provision of a security of £10,000, and I have been informed today by Mr Jones that the person providing the security is the wife of the son of Mr Kumbaro, although of course he does not accept that that is him. In connection with the lodging of cash security, the person lodging it must have identity documents available and to be produced at the time of lodging the security. The third condition imposed previously was reporting to Fulham Police Station on Monday, Wednesday and Friday between 2pm and 4pm. The fourth condition is for the passport to be retained and not to apply for any international travel documents. I will grant bail on those four conditions, but in addition the fifth condition that at all times Mr Kumbaro is to be tagged electronically so that his movements can be followed. He should not be released until the arrangements for that electronic tag are complete, but he may be released when that has been arranged.
6. It seems to me that the balance of risk here favours the grant of bail at the moment. If and when the difficulties in the Albanian proceedings or with the proceedings based on the Albanian warrant are resolved adverse to Mr Kumbaro, then the conditions on which I grant bail will have changed and at that point it is open to the prosecution to seek to readdress the point. Clearly the Albanian government informing the CPS are in a good position to give early warning as to change. Thank you both very much.
7. MISS DOBBIN: My Lord, I am grateful to the court for dealing with this so quickly.