Hello,
My name is Brian Howes and my Beautiful wife is Kerry-Ann Howes, We have five young girls and our youngest is 7 Months old.
Today after a long fight the decision on section 91 discharge under article 3 of the ECHR was given in Edinburgh High Court.
With no resources and only legal aid we managed in September to show the High Court in Edinburgh through a competency hearing that the extradition act 2003 failed to provide a way of a person being discharged when a section 91 hearing was not mounted in the lower court.
The three Lords: Lord Osborne, Lord Reed and Lord Mackay.
The decision was brave as the decided that any person at any time including after all appeals have been exhausted and even after final remand that a person in the UK facing extradition can apply for a section 91 discharge if their legal team believes the person being extradited has a mental illness or physical illness that would make it against article three of the ECHR.
The president was set on the 17th of September 2009 but is still not in written form.
After the competency hearing on the 17 September 2009 a date was set for the 25th September 2009 to hear evidence from my wife’s physiologist and her Advocate and evidence led by the Lord advocate essentially the Crown and their physiologist.
Well all is good so far as it was the three Lords that had tried to convince several times the US to drop the proceedings against my wife but they always refused even when I was said to have less rights if they allow my wife to be discharges.
The US never allow discharge voluntarily and they always appeal any discharge that has been allowed in any case.
Well the arguments went reasonably well on the 25th of September although neither of us were their we were told.
Here is the Judgement of today which is a disgrace in my opinion and is now subject to appeal to the Supreme court of the UK as it is an article 3 ECHR argument and also article 8 of the ECHR and even a possible article 6 right to fair trial of the ECHR.
The reasons I am not allowed to discuss but I am publishing this information as it applies to other people facing extradition: Gary McKinnon and Ian Norris come to mind.
I may add to this article later when the appeal has been made and a Judicial review of the extradition treaty launched, challenging the way it is implemented in Scotland as being incorrectly implemented as the Scottish government has the responsibility to protect people in Scotland just as much as people are protected in England when it is a UK law as with the 2003 extradition act.
The document above should be more than needed for Gary McKinnon to mount a section 91 discharge hearing and even Ian Norris may benefit.
My wife and I will fight this extradition treaty and not allow it to destroy our lives or our children’s this is why I have not even contacted the Newspapers as they really don’t care about my family.
By Brian Howes: 09-12-09
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