man dealing with extradition to the US is utilizing a “tactic” to attempt to delay his listening to, a courtroom has heard.
The 35-year-old – who courts in Utah have mentioned is fugitive Nicholas Rossi – is preventing an extradition request by authorities who allege he raped a 21-year-old within the state and attacked girls elsewhere within the US.
The person, who says his identify is Arthur Knight, appeared at Edinburgh Sheriff Court docket by video-link for a listening to on Thursday.
Junior counsel Chris Miller, defending, requested the total listening to, which is because of go forward on November 7, be delayed into 2023 to permit him extra time to take a look at the case.
Mr Miller mentioned he had solely been given the person’s authorized papers from earlier legal professionals “on the steps of the courts” on Thursday morning, hours earlier than the listening to began at 11am.
The accused had stopped working along with his earlier legal professionals on October 25 and the Public Defence Solicitors’ Workplace was solely instructed for a lawyer late on Tuesday, the courtroom heard.
Mr Miller mentioned: “Now we have not had the chance to be instructed with this individual. Future experiences could also be required.
There’s now an rising sample, and if this case doesn’t proceed subsequent week… it’s tough to flee the conclusion that it is a tactic which he might search to repeat
“Given the truth that we’re at this stage and have solely had two days to take a look at this, my choice can be to proceed this in 2023.”
However advocate depute Paul Harvey advised the courtroom there may be an “rising sample” in delaying hearings.
He described it as “a tactic” of the person, who he known as “the person who the USA authorities search”.
Mr Harvey then listed the dates of a number of hearings which have occurred this yr for the reason that case began in December 2021, and named six completely different legal professionals who the person has labored with on the case to date.
Mr Harvey advised the courtroom: “There’s now an rising sample, and if this case doesn’t proceed subsequent week… it’s tough to flee the conclusion that it is a tactic which he might search to repeat.
“The courtroom can’t rely that this isn’t going to recur.”
Choose Norman McFadyen refused the request for subsequent week’s listening to to be adjourned and confirmed it can go forward on Monday.
This may focus solely on the query of the person’s identification, the courtroom heard.
Ten witnesses are because of be referred to as, together with police, a GP and a registrar for the prosecution, and the person’s spouse for the defence.
Mr Miller then requested bail for the person, which has beforehand been turned down, however this was refused once more.
The courtroom was then adjourned for a short second after the person was heard making an attempt to talk, and seen elevating his hand on the display.
When the case continued, Mr Miller, who then referred to the person as Mr Knight, made a last request for delays to proceedings following discussions along with his consumer about acquiring a possible delivery certificates from Eire.
However Mr Harvey mentioned the request was “not an applicable purpose” and insisted the person had taken months already to supply the doc.
“If it was not produced within the earlier 11 months, it’s extremely unlikely to be now,” he advised the courtroom.
The case was continued till Monday with the person ordered to stay in custody till then.