The US Government yesterday launched the latest High Court round of its fight to have elderly Red Carnation hotel executives Stanley and Beatrice Tollman extradited to face charges in the USA in connection with a $100m (£48.6m) bank fraud.
The US Assistant Attorney Stanley Okula is appealing against a May ruling by District Judge Timothy Workman at City of Westminster Magistrates' Court in which he refused to recommend the extradition of BeatriceTollman, 74, on health grounds.
Okula is also appealing against a ruling a month later by Workman in respect of StanleyTollman, 76, which concluded it would be unjust and oppressive to extradite him by reason of the passage of time.
The US is hoping High Court judges Lord Justice Moses and Mr Justice Ouseley will allow the appeal, and order the district judge to reconsider the case in light of their ruling.
Lawyers for the US say that the judge was wrong to hold that the "passage of time" bar to extradition was available to Stanley Tollman on the facts of the case, and that, in relation to Beatrice Tollman, the judge adopted a procedure which was unfair.
It is claimed that no sufficient and reasonable opportunity was given to probe or challenge the medical evidence presented on her behalf.
They claim that the judge misdirected himself on the applicable law, and should have reached the conclusion that, on the facts presented to him, the condition for her discharge was not satisfied.
The hearing is scheduled to last four days, after which the judges are expected to reserve their decision in order to give it in writing at a later date.
By court reporter