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Good luck for tomorrow gypsy

Gypsy Nirvana

Recalcitrant Reprobate -
Administrator
Veteran
I just called the electronic monitoring anklet company, and they said that I could cut the damn thing off, then they would send someone round to pick it up......So I cut it off with a great big pair of scissors, and the band has some red flashing l.e.d. inside it, looks weird.

What a relief after having the damned thing around my ankle since last November, now I can wear shorts and not look like some sort of criminal...lol

Now my left ankle feels FREE at LAST!...

With this reduced bail, I am really hoping that this judge comes back with a favorable verdict on 30th August...

I'm skint/broke, so I'll have to wait till I have some dosh before I go up to Scotland....
 

Gypsy Nirvana

Recalcitrant Reprobate -
Administrator
Veteran
I will write here about the summing up of my Final Extradition Hearing in Westminster Magistrates Court last Thursday before District Judge Zani.

I was represented by Mr Ben Cooper, and the Government (acting on behalf of the USA) was represented by Joel Smith.

Mr Smith briefly opened the case for the government, then I was called to give evidence. I adopted my statements as my evidence, then was cross-examined by Mr Smith. Legal submissions were then made by both parties, these lasting all day. The Judge then reserved judgement until August 30th.

My bail was varied so that the curfew conditions were deleted, and I was told that I could have the electronic ankle monitoring device removed, but if I wish to stay overnight anywhere else I should inform my lawyers so that they can inform the CPS and the court with the address, giving them at least 24 hours notice. Should the police wish to check on my presence at any other address, then I have a duty to present myself to them on the door-step.

The decision that DJ Zani will make will be either (1) to discharge me (in which case the Government may exercise their right of appeal); (2) to send the case to the Secretary of State for the Home Office (currently Amber Rudd) for her to order my extradition to USA (in which case I can appeal to the High Court if we have arguable grounds); or (3) should the Judge wish to invoke the Tolman procedure in respect of my abuse argument, he may further adjourn the case with respect to the US Attorney to answer the abuse points my lawyers have made (about my miss-treatment in the Philippines).

In terms of timescales, any appeals would probably not be heard until the very end of this year, so I am unlikely to be extradited before then, if at all.

It is difficult for me or my lawyers to give an opinion on which way the Judge's decision will go, but he did appear to be much more open to our arguments then we had anticipated.

I will be seeking some immigration advice in respect of getting my family (wife/kids) over to the UK from the Philippines, and could possibly get some legal aid to facilitate this since both my kids have British passports.
 

DARKSIDER

Official Seed Tester
Moderator
ICMag Donor
Veteran
I will write here about the summing up of my Final Extradition Hearing in Westminster Magistrates Court last Thursday before District Judge Zani.

I was represented by Mr Ben Cooper, and the Government (acting on behalf of the USA) was represented by Joel Smith.

Mr Smith briefly opened the case for the government, then I was called to give evidence. I adopted my statements as my evidence, then was cross-examined by Mr Smith. Legal submissions were then made by both parties, these lasting all day. The Judge then reserved judgement until August 30th.

My bail was varied so that the curfew conditions were deleted, and I was told that I could have the electronic ankle monitoring device removed, but if I wish to stay overnight anywhere else I should inform my lawyers so that they can inform the CPS and the court with the address, giving them at least 24 hours notice. Should the police wish to check on my presence at any other address, then I have a duty to present myself to them on the door-step.

The decision that DJ Zani will make will be either (1) to discharge me (in which case the Government may exercise their right of appeal); (2) to send the case to the Secretary of State for the Home Office (currently Amber Rudd) for her to order my extradition to USA (in which case I can appeal to the High Court if we have arguable grounds); or (3) should the Judge wish to invoke the Tolman procedure in respect of my abuse argument, he may further adjourn the case with respect to the US Attorney to answer the abuse points my lawyers have made (about my miss-treatment in the Philippines).

In terms of timescales, any appeals would probably not be heard until the very end of this year, so I am unlikely to be extradited before then, if at all.

It is difficult for me or my lawyers to give an opinion on which way the Judge's decision will go, but he did appear to be much more open to our arguments then we had anticipated.

I will be seeking some immigration advice in respect of getting my family (wife/kids) over to the UK from the Philippines, and could possibly get some legal aid to facilitate this since both my kids have British passports.

Hope all goes well for you and your family wishing you a good outcome in court and out. best of luck you deserve it :tiphat:
 

yortbogey

To Have More ... Desire Less
Veteran
finally the system is working with you... not against you...
and you have embraced the realities of the situation, thus allowing you to see past the problem and find the peace of mind in a solution...

if your lawyer has made references to the abuse you suffered in PI...
couldn't you claim your family as political refugee's being abused by the PI government that abused you for 3 yrs ... got to be a humans right group in the UK that would help ...

may the laughter of your children ... soon find there fathers ears ... and your world be whole again ...
 
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Gypsy Nirvana

Recalcitrant Reprobate -
Administrator
Veteran
finally the system is working with you... not against you...
and you have embraced the realities of the situation, thus allowing you to see past the problem and find the peace of mind in a solution...

if your lawyer has made references to the abuse you suffered in PI...
couldn't you claim your family as political refugee's being abused by the PI government that abused you for 3 yrs ... got to be a humans right group in the UK that would help ...

may the laughter of your children ... soon find there fathers ears ... and your world be whole again ...

That may well be possible if the judge decides to invoke the Tolman Procedure. Quote:'should the Judge wish to invoke the Tolman procedure in respect of my abuse argument, he may further adjourn the case with respect for the US Attorney to answer the abuse points my lawyers have made (about my miss-treatment in the Philippines).

I found this on TOLMAN ; 'Tolman - Latent Learning

by By Saul McLeod published 2013

The behaviorists stated that psychology should study actual observable behavior, and that nothing happens between stimulus and response (i.e. no cognitive processes take place).

Edward Tolman (1948) challenged these assumptions by proposing that people and animals are active information processes and not passive learners as behaviorism had suggested. Tolman developed a cognitive view of learning that has become popular in modern psychology.

Link:https://www.simplypsychology.org/tolman.html
 

Gypsy Nirvana

Recalcitrant Reprobate -
Administrator
Veteran
Hey, It's all good!

Today was the day when I was to get the VERDICT ON MY EXTRADITION. Today was the day when I was to find out if a British Judge was going to recommend (or not) if I was going to be shunted over the pond to face federal USA charges in a federal USA court that could technically put me behind the wrong sort of bars for.....a very long time, over cannabis seeds.

I had waited for this verdict for quite some time and this whole case against me has been going on now for over 4 years, and I am happy to report that the Judge DID NOT RECOMMEND MY EXTRADITION from the UK, primarily based upon the 'Dual Criminality' defense, where-by cannabis seeds are a legal commodity in the UK, to own or trade with, and in some parts of the USA today you can too legally, so this judge just could not see any criminality in what I had done, and so he would not recommend my extradition to the USA.

They have 14 days to appeal against this decision, so technically I'm still on bail, and if their appeal is accepted then this extradition case will get elevated to the High Court.

It's an important decision, not only for me but for the whole cannabis seed industry in the UK and beyond.
 
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P

pangolin

Excellent news. At least there is some sanity amongst the judiciary!

Well done Gypsy
 

Gypsy Nirvana

Recalcitrant Reprobate -
Administrator
Veteran
Excellent news. At least there is some sanity amongst the judiciary!

Well done Gypsy

When I was told a few months back that this Judge had never refused an extradition request from the USA before, I had little hope. But in his summing up of the case the Judge did mention that it was a rather unusual case for him within the law, one that he had not come across before, so I guess it was an interesting thing to Judge for him.....and his Judgement seems fair to me....naturally.

I feel the need to celebrate!
 

hazyfontazy

Active member
Veteran
fantastic news ,,just got back from hols else i'd be straight down to celebrate with you ..
gonna raise a glass to you and take a great big hit off the volcano ,,well done mucker :)
 

aridbud

automeister
ICMag Donor
Veteran
'Dual Criminality' defense
Great term, and hopefully excellent outcome > "It's an important decision, not only for me but for the whole cannabis seed industry in the UK and beyond."

Wishing you the best, Gypsy!
 

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