Well I have found the time to start writing an update to the Illegal extradition proceedings that my wife and I face, and of-course the effect on our 5 children aged 1 to 12. Tomorrow I will probably see my QC his name is of no matter, and I see my solicitor Gerard Considine if he turns up in Edinburgh with the QC. Gerry Considine called me in 2008 to ask if I wanted him as my solicitor and after loosing in the Sheriffs court and being assured he … Read More

via UK Citizens Extradition Fight

Well I have found the time to start writing an update to the Illegal extradition proceedings that my wife and I face, and of-course the effect on our 5 children aged 1 to 12. Tomorrow I will probably see my QC his name is of no matter, and I see my solicitor Gerard Considine if he turns up in Edinburgh with the QC. Gerry Considine called me in 2008 to ask if I wanted him as my solicitor and after loosing in the Sheriffs court and being assured he … Read More

via UK Citizens Extradition Fight

Tomorrow I will probably see my QC his name is of no matter, and I see my solicitor Gerard Considine if he turns up in Edinburgh with the QC.

Gerry Considine called me in 2008 to ask if I wanted him as my solicitor and after loosing in the Sheriffs court and being assured he would do better I agreed to place my life in his hands. When I met Gerry Considine the first time he had high spirits and told me how he had just received an text from Kenny Macaskill inviting him for lunch, I thought he was well connected and then Mr Considine told me that his friend the Justice Minister might be able to do deal with his counterpart in the US to stop our extradition.

Well what I ended up with was a trainee solicitor turning up at meetings who had less knowledge than myself about extradition and many mistakes in the case.

When in the high court I am blamed for delays even when the delays are a direct result of my own legal team, and have nothing to do with me.

Gerry Considine has only turned up for a couple of hearings and there has been dozens of them, He sends an agent in Edinburgh to take notes which turn into Chinese whispers by the time my solicitor gets them, getting them and acting on information received if widespread it would indicate that many innocent people are in prison through the neglect of their case by their solicitor.

Gerry Considine now says he is not friends with Kenny Macaskill or even has lunch with him, well either I am lying or Gerry Considine is! and it is not me!

Mr Considine has persistently not returned my calls or emails for long periods of time which has had the effect of making the judges in the case think it is me not being ready for court hearings when in fact it is the incompetent way my case has been handled that has given rise to these delays.

A for instance is: At the last high court hearing the QC intimated that all lines of inquiry had been completed, but in reality several lines of inquiry were and are ongoing with possible Judicial review against the extradition treaty with the US and the extradition act being looked in to.

This is not just the sort of opinion and inquiry that is being sought but just a sample of what the judges should of been told on my behalf. If Mr Considine wishes to deny what I have written then I will produce the correspondence to prove what is the truth! another example of delays is when I want to do a judicial review Mr Considine says the Legal aid certificate is not valid for a Judicial review and in any case he says that his firm of solicitors do not do that type of work.

I searched for over a year for another firm who could challenge the Legality of the UK / US extradition treaty and found many in England who could do it but no legal aid was forthcoming, I came full circle after an Edinburgh firm who did Judicial review contacted my QC who had previously said he did not want to challenge the treaty and my solicitor wrote to me words to that effect over a year ago. This Edinburgh firm contacted me to say that my QC was interested and wanted to meet me about six weeks ago and when I consulted with him in Edinburgh he said he wanted to revisit the treaty and sounded very optimistic about the challenge and even asked what arguments others had intimated to me, I made sure he and later my solicitor had contact details of chambers in England who wanted to challenge the UK / US treaty and the extradition act but never were called.

To go back a bit, not only did Gerard Considine solicit me as a client he then proceeded to give details of my wife’s next solicitor who he Mr Considine recommended and when we called him he said “you won’t get a fair trial in Edinburgh” he also said my wife would have to bypass Edinburgh High court and go strait to the ECHR in which he was an expert. John Carroll then proceeded to not take his clients instructions and even when advised by Philip Dutton that my wife was unfit to be extradited he refused to take on the argument, in the end John Carroll solicitor advocate tried to force my ill wife to fire him so she would not get any further representation at an extradition hearing, thankfully my wife refused and John Carroll and legal team had to approach the three Lords and ask to withdraw which the Law Lords allowed but asked for reports on what happened, the Law Lords were kind enough to give my wife three months to find a new solicitor and advocate but may not have if she had fired them.

If you did not know it solicitors are “always right” “never lie” “always return calls” and “do not have their own political agenda” Well if you believe that you are probably deluded in some way.

Before I go any further I want to point out that my wife and I have never been a flight risk or ever will be, even when the PF was threatening me daily with revocation of my bail we always turned up, I mention this as when QC’s and solicitors do not like the truth coming out they can be very vindictive and have not been unknown to get a client remanded to shut them up. So for the record my wife and I will fight to the last, but never run.

John Carroll my wife’s last solicitor who was also a Prosecutor and a police officer before that was recommended by my current solicitor Gerard Considine. Are you getting the picture? Gerard Considine came to me in 2008 without me asking, he just happens to be friends with he justice minister Kenny Macaskill and now denies it, Gerard Considine then recommends John Carroll an ex prosecutor and cop who tries to pervert justice in my wife’s case. Then the QC he hires is an SNP supporter who with Considine has tried to stop me appealing the decision of Kenny Macaskill the justice minister.

They are all SNP supporters and the QC has worked just recently for the SNP party in a case against the BBC and the English government. Files have gone missing time has been wasted, I have been lied too and betrayed by my legal team.

The QC is right “extradition is political” that is because it is not good enough to have a top QC, he also has to be on the political side your not fighting to stand any chance of winning.

If I relied on my so called legal team to defend an Illegal extradition / rendition then we would already be in the Arizona desert a long time ago.

Fitzpatrick and Co, home to GBA executive member Gerard Considine, took in £1,107,900 in criminal and children’s fees since 2003, which contributed to a total legal aid subsidy of £1,577, 600. this is a story from 2008.

What you going to do Mr Considine? use a PR firm to defame my name now? like you used when Head of the Glasgow Bar?

………………………………………………………………………………………………………………………………….

Justice secretary Kenny MacAskill MSP, who concedes that there are problems with the system, said: “I regret that the Glasgow Bar Association have paid lobbyists in order to trawl around for mistakes. It doesn’t serve them well.

“We want to reward lawyers for doing their job, not have people playing the system. Unfortunately, it does seem that a small minority of lawyers want to persist in milking the system.

My solicitor was head of the Glasgow Bar at the time. Gerard Considine needs to stand down with grace from my case he has blundered his way through and may off collected legal aid for many consultations I have not had!………………..

You may be asking how does this effect my case and that is a good question? My solicitor is a freind of Kenny Macaskill at the time Gerard Considine was head of the Glasgow Bar and Kenny Macaskill was condemning milking the legal system without mentioning his friends name: Mr Considine.

Mr Considine has tried to stop me from any Judicial review of his friends Kenny Macaskill decision to extradite my wife and I. How can I trust a liar and how can I trust a solicitor that is a friend of the justice minister Kenny Macaskill?

Mr Considine has repeatedly had the QC and advocate lie to the judges in my case and enough is enough!

Justice in extradition is almost impossible, below is an extract of my QC’s opinion on  challenging the treaty.

1. Although this review is a matter of some interest to Mr Howes in the sense that it might be prayed in aid of an attempt to postpone a resumption of his extradition appeal, it does not seem to me relevant to the issue I am asked to address in this opinion. Rather, it emphasises the political nature of the issue…………………………………………………………..

When Kenny Macaskill let a terrorist go after murdering 270 people without mercy he did it for his own personnel gain, when he signed my wife’s and my extradition papers he did it with even more ease even though evidence has not been shown and we were Illegally remanded for 214 days.

This is an insight in to the Injustice Minister Kenny Macaskill and the InHuman rights minister Kenny Macaskill, Macaskill is so yellow bellied that he will not answer questions to four congressmen but at the same time he is willing for my wife and I to be remanded in the Arizona desert for up to three years while our children are adopted. Kenny Macaskill you are not fit for you position as if and when my wife and I are extradited without a shred of evidence you will surely be responsible. If an extradition request for you comes to Scotland, “Will you go without a fight?” let us face it Macaskill you sign extradition papers without a thought for Human Rights but dare not answer questions in the US. I do not think you should have to answer questions in congress but why should my wife and I?

Kenny Macaskill you let a terrorist go and that is more evidence than is against my wife and I, you say Scotland is compassionate yet you show more compassion for a terrorist who was never dying than a husband and wife team with 5 kids who as some of your own ministers have said “have broken no laws”

You Illegally signed our extradition in 2008 and we will fight that decision and you will no longer be able to make your own rules as the Lobby money comes in. I will send O’bama my best wishes for you!

……………………………..update 28-07-10 1AM…………………………………….

It’s time to show how political the UK / US extradition treaty is here in Scotland: I must say with great reluctance that my QC Mungo Bovey is an SNP supporter and agreed to make an opinion to challenge the legality of the UK / US extradition treaty, this was not in my opinion to make a true opinion on challenging the treaty but an attempt to stop any challenge in Scotland against the SNP party who I find through research he is not only a member of but was up for selection as a candidate for the SNP in 1998 and recently and currently is working for the SNP ministers against the BBC to force the BBC to allow Alex Salmond on BBC debates.

So to cut a long story short, not only is my solicitor is a friend of Kenny Macaskill the justice minister but my QC has a serious conflict of interest that has wasted a lot of time in my case.

Last night I emailed my solicitor again highlighting that I want him to take himself of my case in order that I can gain other representation that has no conflict of interest and can represent me properly and I told him the alternative is to have my soon to be legal team write a several page list of the reasons for needing a change of solicitor, I give him until 12PM today.

Mr Considine has asked me not to challenge the justice minister many times and so has Mr Bovey QC. For the record I am putting forward this information to try and protect myself and family from persecution from my own legal team as it looks like they have been working for the SNP party rather than me.

………….to be continued later!

Computer equipment and documents were seized from his Middlesbrough home in 2007 and he was charged with conspiracy to defraud the music industry and copyright infringement.

Police and music industry investigators suggested that he could have made hundreds of thousands of pounds a year from the OiNK website, which he set up in 2004. But Mr Ellis claimed the website was not illegal and that its purpose had been misunderstood.

The former IT consultant, who worked at Virgin Media’s contact centre in Stockton-on-Tees, has compared it to search engines such as Google which could also direct users to illegal music downloads. He is the first person in the UK ever to be charged with illegal file-sharing. He will go on trial at Middlesbrough Crown Court.

The OiNK website was a complex computer programme created to help share music and audio files amongst a community of online users.

Members of the community would “seed” the system by uploading music files or “leech” from it by downloading music files.

To do so they had to register their email address and a user name, then make donations by debit or credit card to ensure full access to the site.

The technology used – a method known as bit torrent file sharing – had three main advantages: It broke files down into small pieces of data, which made that data more easy to share, giving a higher quality download in a shorter time.

The beauty of the system was that each time a person leeched an album from the internet, they became a seeder from whom other OiNK users could download the same album.

Early online file sharing systems were so slow it could be more expensive to download an album than to buy it in a shop.

But advances in technology meant OiNK users could download very high quality music files, very quickly.

Obama shouts and Gordon Brown does exactly what he is ordered to do! The threat this time, if you do not install the scanners US people will not use UK Airlines.

Prime Minister Gordon Brown has given the go-ahead for full body scanners to be introduced at Britain’s airports.

BAA, which runs six UK airports, said it would now install the machines “as soon as is practical” at Heathrow.

Experts have questioned the scanners’ effectiveness at detecting the type of bomb allegedly used on Christmas Day in an attempted plane attack over Detroit.

The US is also introducing tougher checks for air passengers from nations deemed to have links with terrorism.

A group of British MPs is suing the CIA to get it to release information about alleged UK involvement in the secret rendition of terror suspects.

The group – led by Conservative MP Andrew Tyrie – has filed a complaint in a district court in Washington DC.

They want a judicial review of the CIA’s failure to disclose information.

They are demanding to see documents on extraordinary rendition, secret detention and the coercive interrogation of suspected terrorists.

“ I hope that this groundbreaking litigation will lead to comprehensive disclosure in the US ”
Andrew Tyrie, Conservative MP

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News Media: You can call Brian Howes Direct on 01506 491 878 or Email: brian@howes.uk.net

Polanski Thanks Backers as Extradition Wait Goes On

Reuters

PARIS

Roman Polanski has thanked people who have sent messages of support during his battle to avoid extradition from Switzerland to the United States over a case of having sex with a 13-year-old in 1977.

“These messages have come from my neighbors, from people all over Switzerland and from beyond Switzerland — from across the world,” the Oscar-winning film director wrote in an open letter published on the website of French intellectual Bernard-Henri Levy.

“I would like every one of them to know how heartening it is, when one is locked up in a cell, to hear this murmur of human voices and of solidarity in the morning mail,” he wrote.

Polanski, who holds dual French and Polish citizenship, was arrested at the request of U.S. authorities when he flew into Switzerland on September 26 to receive a lifetime achievement award at a film festival.

The 76-year-old director is now under house arrest at his chalet in the ski resort of Gstaad, facing extradition to the United States where he could be sentenced for having sex with a 13-year-old girl in 1977.

He fled the country in 1978 on the eve of sentencing because he believed a judge might put him in jail for 50 years, despite a plea bargaining agreement.

The Swiss Justice Ministry has said it would decide next year whether to extradite the director, whose films include “The Pianist,” for which he won an Academy Award, “Rosemary’s Baby,” “Chinatown” and “Repulsion.”

(Writing by James Mackenzie)

My wife and I face Extradition from Scotland to the Arizona desert in the US facing a lifetime in prison for selling chemicals that are completely legal in the UK. (Brian Howes and my Wife Kerry Howes)

Kerry and Brian Howes Wedding April 1st 2008

• We are in Edinburgh High court in February we have been told to face further extradition proceedings, Although my wife was led to believe she would be able to appeal if the section 91 discharge hearing was lost. It was said by the prosecution on behalf of the US that they may appeal if my wife  Kerry Howes was discharged, so the same would apply to my wife you would expect.  My wife not in attendance argued a section 91 point back on September 25 2009, “The legal team argued it would be oppressive for my wife to be extradited as she is not well and we have 5 children. This was after the “Key date for others who face Extradition on the 17th September 2009” it was argued to be Competent to have a section 91 discharge hearing at any time during extradition proceedings or even after all proceeding have finished and extradition is “Granted” Lord Reed, Lord McKay, and Lord Osborne decided from my little knowledge that the Law Lords would not of precluded the High Court Judges from allowing a section 91 discharge hearing when it was afforded the Magistrate and Sheriff. So after winning this argument the above hearing was set for September 25th 2009 which was delivered on December 9th 2009 in this “KERRY SHANKS OR HOWES v. THE-LORD-ADVOCATE..“  As you can see it failed for reasons that may form an appeal against that decision. The Opinion of the 17th of September has not been published as of this date, I can only hope that it is so that others will be able to use it to allow a section 91 discharge hearing when needed, I will publish the opinion as soon as is available if ever!

• In Scotland and the rest of the UK the Extradition Act 2003 came into force on January 1^st 2004. The treaty or Extradition Act is being used against people in Scotland differently than in England in the fact that in England there is an appeal process that goes much further than the Scottish appeal process which manifestly makes it more unfair to be extradited from Scotland than the rest of the UK.
• The unfairness starts from the beginning of the process but here are some examples:
• Kenny MacAskill is the Justice Minister which is fine, Kenny MacAskill is also the Human Rights Minister and The Minister for Legal Aid and I will name the rest later: What seems obvious is that the posts he holds have opposite priorities that are not compatable with each other. Kenny MacAskill has said the High Court is the Supreme court for Scotland in written answers to Jamie Hepburn MSP, SNP back bencher who has helped with questions but is not allowed to ask the difficult questions that will show the true opinion of the SNP party and if they agree with the UK extradition treaty with the US.

Kenny MacAskill has shown a great deal of compassion for the convicted Terrorist “Abdelbaset Al Megrahi”  Yet has not even give a thought for my WifeKerry Howes or my 5 young children or even myself. My wife and I have not broken any laws yet Kenny MacAskill will not help our case in any way, he has received many letters of support for my family yet they fall on deaf ears. If I were a terrorist then maybe I would be discharged from Extradition already!

.

Terrorist Compassion from Kenny MacAskill

The Terrorist below that received a personnel visit from Kenny MacAskill in prison to discuss his release has not even been bothered enough to look into my Wife and my case that has five children involved. The SNP party and Alex Salmond MP and leader of the SNP party should decide if they agree with the Extradition Treaty with the US or not? and make their position clear to the Scottish public.

Cardinal Keith Patrick O’Brien. wrote to Kenny MacAskill but only received the no comment reply.

Every SNP member I have spoken to has said they do not agree with the UK / US extradition treaty, so why will they not help my family get a fair hearing? The Crown which Kenny MacAskill is in charge of as one of his ministerial positions says they have the evidence to put my wife and I on trial here in the UK, a different position than that of the Gary McKinnon case in that the Crown says they do not have evidence to put him on trial. In effect Gary McKinnon being sent to the US on evidence that was Illegally obtained in the UK but that is a separate matter.

So the question is? Why don’t we get a trial in Scotland? it’s simple! The Lord Advocates office in which Kenny MacAskill is head of does not have evidence to put my wife and I on trial and this false position is maintained falsely in order to proceed with our extradition. In our case we can only be extradited if the crime can be punished here in Scotland and that is why the Crown or Lord Advocate maintains these lies in order to help the extradition.

What I write is probably not pleasing the Scottish Government who would surely rather me still be remanded for 214 days or even forever without evidence and this was upheld in a complaint against the police that found false information had been used to remand my wife and I.

Terrorist “Abdelbaset Al Megrahi” above now drinking champaign and burning the Scottish flag long after he was due to die makes a mockery of the Scottish Justice system which is looking like the Scottish injustice system. All my Wife and I and our children want is justice.

I am starting to wonder even if the free speech I am trying to use is free! when I placed complaints against the Police I was threatened several times by Chief Inspector Brian Rennie who was the head of the so called operation against my wife and I in Scotland, and retired just weeks after my complaints with evidence to go with them unlike our extradition. He was reported to the area Fiscals office or Crown as there is a Crown office with every Scottish Fiscals office. after wasting six months all reported charges were dropped and I am told that it is now a internal police complaint. I could of predicted that!

Considine Solicitor Letter to The Scottish Parliament on rights of appeal

No Compassion from the Scottish Government

The same person above Brian Rennie who provided false information for our remand also gave a car of ours away while we were on Illegal remand and then stopped two separate investigations getting our car back and he made several threats. A third investigation was initiated by DC Boyce at the request of the chief Constable of central Scotland Police and our car was taken back by the police and put in the Falkirk car pound pending the criminal outcome of the Falkirk Fiscal against Colin Anderson my Business partner who I have not had contact with since our arrest in January 2007. I was told he was being reported for car theft, Fraud and Uttering and Embezzlement. It came as no surprise when all charges were dropped as the Crown is using the same person who testified in our case to our innocence in our extradition proceedings is also the Crown witness against my wife and I in the US. I have been advised that very often the person who is a witness for you in the UK is also a witness against you once extradited. To me this is a disgrace and now we wait a court date to determine who owns the car. fiscal-complaint-response-police-complaint

In the Document above you can see on page 2 Paragraph 3 that the Crown accept erroneous information was used to have my wife and I remanded yet no apology has been received even after requested. It is starting to look like the Scottish Justice system even when found to be lacking in justice will not even apologise for its mistakes!

Unfairness in the Extradition arrangement between the US and Scotland and England below!

• First: in England first there was the House of Lords after the High court, now The Supreme Court of the UK for people in England to appeal to and after that the ECHR “The European Court of Human Rights in Strasbourg” after these safeguards that I do not accept should be the only safeguards as evidence is a necessary part of the process which has been set aside for the US extradition process. The point I am making is that The Treaty with the US is manifestly unfair to people in the UK but also even more unfair to people in Scotland.

• After a closer look at the UK / US Extradition treaty it does in fact become easy to see that it is unfair to UK citizens but the Treaty is being used in Scotland in a different way than in the rest of the UK.

• In Scotland a mature legal system implementing the same UK / US treaty as the rest of the UK does not comply with the understanding and wording of the extradition act 2003 in that the Appeal process in Scotland stops any appeal to previously “The House of Lords” now ”The Supreme Court of the UK” and even though there is a possibility to appeal to the “ECHR”  The Scottish Government have sent the person being extradited to the requesting state, in this case the US.

• I need to say that again as it is very important to note if you live in Scotland: “The Scottish Government send people to the US or any other country even when an appeal has been sent to the “ECHR” taking away the right to that appeal by removing the liberty of the person or persons being extradited by making sure the person in Scotland is not in Scotland for the appeal.

• It gets even worse: After research it can be said with complete surety that after loosing in the High Court of Scotland which is considered by the Scottish Government to be the Supreme Court of Scotland a person is remanded into custody even when an appeal is in process as the High Court must be aware that any appeals will never happen as the Scottish Government will grant the person or persons removal from Scotland to the requesting state, the US in this case.

• A request has been made to the Scottish Government to allow the same appeal route without fear of removal to the US as other people in the UK like Gary McKinnon and Ian Norris and others, see Considine Letter to The Scottish Parliament on rights of appeal

• I want to make it quite clear here I do not accept that the safeguards of the Appeal process in the rest of the UK as being adequate or that Gary McKinnon should be Extradited as I believe as many other do, that any Extradition to the US without evidence or a “Prim Fascia Case” should not be allowed. I would also say with certainty that even if a Prima Facia Case was produced in a future Extradition treaty arrangement then if a person has not been to the requesting state or the US then a trial should arise in the UK rather than breaching peoples Human Rights when better Route is to preserve the Human Rights of the UK citizen.

• The people of the UK must consider as the UK government must have done if it is in the best interests of UK citizens to allow the US to Use it’s long arm laws and to have more ability to get a person in a US court from the UK than a person residing in the US.

• A person in the UK has little to no chance of stopping their Extradition to the US, but a person indicted in the US can challenge the information in the Indictment before and trial is set or remand considered.

• The UK / US Extradition treaty is a one way ticket to the US and is being used by US prosecutors intent on misusing it by requesting UK citizens that have not commited an Extradition offence or any UK offence in many cases, all the time knowing they can change the indictment once the UK citizen has arrived in the US. Any Government which takes the Human Rights away from it’s Citizens should be held accountable in elections and even in the European Court of Human Rights which the US has no regard for I might add.

• The UK / US treaty is a simple removal instrument to please the US government as they are of course more superior to UK citizens, Well they must be as thier constitution stops the Extradition of US Citizens to the UK without first showing Probable cause to the US court before an Extradition is granted.

• Alan Johnson Home Secretary said in a recent emergency committee for Gary McKinnon that no requests had been refused of the UK requesting people in the US. Well it’s what Alan Johnson MP does not say that makes him in my opinion dishonest: What he did not say to that Committee is that all the requests were for people who had committed the crime in the UK or it’s territories. Alan Johnson MP also did not mention that none were US citizens. Alan Johnson MP also failed to mention that there are hundreds of people in the US the UK would like to have extradited but fail to reach the request level as before a request is made the US government must agree to allow the request.

• Another problem with the UK / US Extradition treaty is that under “MLAT” “The Mutual Legal Assistance Treaty” The UK government must use all it’s agencies and I mean all even the local authority to help with any investigation before an extradition request is made and after the extradition request is made continue to help in ensuring that the Extradition takes place, here is a partial list of who is involved in helping facilitate the Extradition to the US.

1. Police
2. The Court
3. The Crown
4. MI5
5. MI6
6. Special Branch
7. SOCA “ Serious Organised Crime Agency” formally High Tech Crime and many other departments.
8. The Home Secretary
9. Some QC’s Advocates, and Barristers.
10. Some Solicitors
11. Social Services
12. Interpol
13. Any agency not listed may be called upon to help.

• Under MLAT the UK police Illegally do searched with and without warrants not obtained through the process that is specified in the MLAT treaty but usually pretending they are undergoing a domestic investigation when it has been a US request the whole time. Then they send the Illegally obtained Computers and other information and property to the US as in the Gary McKinnon case and our case. The reason this can be done with the certainty that no accountability will be needed is in the Extradition treaty: the Fact the person who has had their right violated will not be here to challenge the process as the Extradition court will not!

• The fact that the Extradition “trial” I call it a trial because that is what it really is a “Trial” it’s not a fair trial but that is exactly what it is! The process below can be different in each case but is close to reality.

1. Arrest: Service of international Warrant and local Warrant and Indictment: News coverage of a Biased nature as no evidence has ever been produced: The BBC take pleasure in reporting when there is no facts to report and never report the false reporting they do at a later time after it is shown to have reported false information.
2. Appearance at the local Magistrate or Sheriff to decide on bail and other preliminary matters with a duty solicitor that has no understanding of Extradition and on many occasions with only minutes to see you before you are in front of a Magistrate or Sheriff thus breaching the rights of the person to have a fair bail hearing or even the ability to understand what is happening. You are frequently called a Fugitive by the Crown prosecutor even when you by any definition are not a Fugitive.
3. URGENCY of time is stressed at the next preliminary hearing only about two weeks away.
4. By this time and earlier you are already considered guilty by US declaration and by the wording of the UK / US Extradition Treaty. The Magistrate or Sheriff in Scotland must read the indictment and read the information included in it as if it was evidence and then accept it as true. This is not my interpretation of the treaty but the wording of the treaty.
5. So you are in a trial that you are already considered guilty and not allowed any disclosure here or in the US, your life is being destroyed by the very people who are supposed to protect it.
6. You fight for your “Human Rights” What Human Rights? they are mentioned in the treaty but these Human Rights are walked over by the court at every stage.
7. The Bar is set so high for Human Rights on any Article to have you discharged that nobody has ever won on Human Rights when facing Extradition to the US.
8. Deals upon deals are put forward in order to get you to give up your right to fight unfair and probably Illegal extradition. Deals can be very tempting when your wife is being extradited with you. In many cases of extradition there are more than one person being extradited to the US, this is common because the US use this pressure to try and persuade the UK citizen to make a package deal and give up your rights.
9. Deals are kept very secret as I have been offered many deals but never are they in writing and very often come with threats of loss of liberty.
10. Here is an early email exchange through a US public defender and a US prosecutor on our case. “Click Here”
    

• THIS IS NOT FINISHED AND WILL BE COMPLETED WITH LINKS LATER TOMORROW!

Errors in BBC reporting: The US has not ever supplied evidence of any kind: No undertaking has been given: Any undertaking is not going to be enforceable: A letter from the US now a court document clearly shows we are wanted for supplying chemicals and not conspiricy.

Brian Howes is fighting plans to be Extradited to the US without Evidence

Lawyers acting for a man fighting extradition over claims he supplied drug dealers in the US have expressed fears about jail conditions there.

Brian Howes’ legal team fear he could be sent to Maricopa County Jail in Arizona where they said prisoners were routinely “degraded”.

Mr Howes, 45, from Bo’ness, is accused of supplying chemicals to crystal meth dealers in the state.

He is appealing against a decision to send him to America to stand trial.

The father-of-five was arrested by Central Scotland Police in 2007 amid claims he supplied more than 40 chemicals to dealers via his online company Lab Chemicals International.

THE ABOVE PARAGRAPH IS NOT ACCURATE AS ONLY 2 CHEMICALS ARE THE SUBJECT OF THIS EXTRADITION.

US authorities want to charge him and his wife Kerry Ann Howes over the matter.

Both have always denied any knowledge of how the chemicals they were selling were being used.

The deliberate humiliation of prisoners is part of the philosophy of Sheriff Arpaio Mungo Bovey QC Defence agent

Defence counsel Mungo Bovey told the Court of Appeal in Edinburgh that if Mr Howes was sent to the prison, currently under the rule of Joe Arpaio who has been branded “America’s Toughest Sheriff”, his human rights would be breached.

Mr Bovey, QC, said conditions inside Maricopa jail included intense heat, unsanitary conditions, lack of exercise, lack of medication and insufficient toilet access.

He added that the jail’s health standards certificate had been withdrawn.

The QC said Sheriff Arpaio was well-known for boasting that he spends just 15 cents on inmates meals and that thousands of prisoners are currently on hunger strike there.

He also told the court that prisoners in chain gangs were forced to wear pink underwear and were linked together with pink handcuffs.

Prima facie

“The deliberate humiliation of prisoners is part of the philosophy of Sheriff Arpaio,” said Mr Bovey.

“There is significant unrest and trouble in this jail as we speak,” he added.

Advocate depute Graeme Hawkes said the Crown had asked America for assurances that Mr Howes would not be held in Maricopa County Jail, but said they had not yet had a response.

The charges against the Howes allege they used their internet company to supply red phosphorous and iodine to 400 customers in the US, most of whom were producing methamphetamine, also known as crystal meth.

ABOVE PARAGRAPH FAILS TO SAY THE US PRODUCED A DOCUMNET IN COURT SAYING THE WANT TO CHARGE US WITH EVERY GRAM OF CHEMICAL EVER SOLD IN ALL US STATES. MY ESTIMATE WOULD BE UP TO 5,000 NOT 400.

Red phosphorous and iodine are legal in Britain, but regulated in the US.

Mr Howes claims he ran a legitimate business supplying firework chemicals for amateur pyrotechnics and some medical chemicals.

THERE IS AGREEMENT IN THE HIGH COURT FROM BOTH SIDES THAT MY COMPANY WAS LEGAL AND MET ALL UK LAWS.

However, US officials claim the evidence against the couple includes incriminating e-mails, false or misleading packaging, and the evidence of undercover agents who posed as customers, and supplied enough chemicals to make 635kg of crystal meth.

The case falls under the controversial 2003 Extradition Act which allows the extradition of people to the US without any trial taking place in the UK, thus removing the need for US authorities to provide prima facie evidence of criminality.

The hearing before Lord Osborne, sitting with Lord Reed and Lord Mackay in Edinburgh, continues.