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Scottish Sun
04-07-2025
- Scottish Sun
Murderer avoids deportation to Jamaica after judge said ‘he has an admirable work ethic'
Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A JAMAICAN murderer has won a human rights appeal to stay in the country after a judge said he has an "admirable work ethic". The unnamed killer has avoided deportation after an immigration court in Cardiff ruled key facts in the case had not been properly considered. Sign up for Scottish Sun newsletter Sign up 4 He mounted a legal fight for asylum in Britain after the Home Office attempted to deport him Credit: Getty 4 Details of the murder were not specified Credit: AFP He mounted a legal fight for asylum in Britain after the Home Office attempted to deport him. The man - who has been in the UK since 1996 - lost an initial appeal against the decision to deny him asylum at a first-tier immigration tribunal. But his second appeal at the Upper Tribunal was successful, meaning the case is set to be heard again. A judgement explained that he committed murder, but details of the offence were not specified. Read more News WEEKEND WASHOUT Yellow rain warning in place TODAY with heavy downpours & 50mph winds He has been through "offender management" during his rehabilitation and now shows an "admirable work ethic". The man also argued that he "feared" deportation because he would be targeted by Jamaican crime syndicate One Order. He claimed that his family home had been attacked by the gang, who shot his brothers and forced his sister into witness protection. The Jamaican accused the judge at the First-tier Tribunal of not properly considering his concerns. Upper Tribunal Judge Sean O'Brien agreed that the man could be in danger if he were to return. He ruled that the First-tier Tribunal had "misunderstood" evidence given by the murderer and "overlooked" potential risks in Jamaica. Judge O'Brien added: 'The [First-tier Tribunal] judge had overlooked the fact that the core elements of the [Jamaican's] account were not challenged by [the Home Office]. "It had misunderstood [his] evidence about [his] family he claimed had been murdered because of gang retribution and when, and had given no apparent consideration to the attempts made to verify that [his] sister remained in Witness Protection. Sun probe uncovers asylum seekers in hotels linked to string of rape cases "I agree therefore that the judge's findings on the credibility of the [Jamaican's] account of events in Jamaica involved the making of an error of law. "All in all, I cannot be satisfied that the judge would necessarily have found that the [Jamaican] would not be at risk from the One Order Gang had she taken a permissible approach to credibility." The One Order gang mainly operates out of Spanish Town - an area on the Caribbean island regarded as a hotbed for criminal activity. It is the latest in a string of cases where offenders have called on Article 3 of the European Convention on Human Rights (ECHR), claiming they would face persecution if returned. The judgement said: "[The Jamaican said] the judge had failed to take into account that the key facts were not disputed by the Home Office. "The judge was wrong to find [him] vague in naming the One Order Gang as the source of risk. "The judge misunderstood which family members had been murdered and when. "The judge failed to take into account the steps taken by and on behalf of the [him] to confirm that [his] sister was in the Witness Protection Programme." It comes just months after an Albanian criminal was allowed to stay in Britain after arguing his son did not like foreign chicken nuggets. An immigration tribunal ruled it would have been "unduly harsh" for the child to be deported to Albania with his father due to his sensitivity around food as well other "additional" needs. Father Klevis Disha, 39, successfully appealed his deportation at a lower-tier immigration tribunal in which his son's distaste for foreign chicken nuggets was listed as the only example of his food difficulties. The case also focused on his son's needs in regards to sensory issues and difficulties communicating emotions. Shadow Justice Secretary Robert Jenrick told the Telegraph it was "mind-boggling", "ludicrous" and "outrageous" that food had been used as an argument to prevent deportation. Shadow Home Secretary Chris Philp also slammed the decision, claiming foreign criminals are "exploiting human rights laws and weak judges". 4 It is the latest in a string of cases where offenders have called on Article 3 of the European Convention on Human Rights Credit: Getty
The Irish Sun
04-07-2025
- The Irish Sun
Murderer avoids deportation to Jamaica after judge said ‘he has an admirable work ethic'
A JAMAICAN murderer has won a human rights appeal to stay in the country after a judge said he has an "admirable work ethic". The unnamed killer has avoided deportation after an immigration court in Cardiff ruled key facts in the case had not been properly considered. Advertisement 4 He mounted a legal fight for asylum in Britain after the Home Office attempted to deport him Credit: Getty 4 Details of the murder were not specified Credit: AFP He mounted a legal fight for asylum in Britain after the Home Office attempted to deport him. The man - who has been in the UK since 1996 - lost an initial appeal against the decision to deny him asylum at a first-tier immigration tribunal. But his second appeal at the Upper Tribunal was successful, meaning the case is set to be heard again. A judgement explained that he committed murder, but details of the offence were not specified. Advertisement Read more News He has been through "offender management" during his rehabilitation and now shows an "admirable work ethic". The man also argued that he "feared" deportation because he would be targeted by Jamaican crime syndicate One Order. He claimed that his family home had been attacked by the gang, who shot his brothers and forced his sister into witness protection. The Jamaican accused the judge at the First-tier Tribunal of not properly considering his concerns. Advertisement Most read in The Sun Upper Tribunal Judge Sean O'Brien agreed that the man could be in danger if he were to return. He ruled that the First-tier Tribunal had "misunderstood" evidence given by the murderer and "overlooked" potential risks in Jamaica. Judge O'Brien added: 'The [First-tier Tribunal] judge had overlooked the fact that the core elements of the [Jamaican's] account were not challenged by [the Home Office]. "It had misunderstood [his] evidence about [his] family he claimed had been murdered because of gang retribution and when, and had given no apparent consideration to the attempts made to verify that [his] sister remained in Witness Protection. Advertisement Sun probe uncovers asylum seekers in hotels linked to string of rape cases "I agree therefore that the judge's findings on the credibility of the [Jamaican's] account of events in Jamaica involved the making of an error of law. "All in all, I cannot be satisfied that the judge would necessarily have found that the [Jamaican] would not be at risk from the One Order Gang had she taken a permissible approach to credibility." The One Order gang mainly operates out of Spanish Town - an area on the Caribbean island regarded as a hotbed for criminal activity. It is the latest in a string of cases where offenders have called on Article 3 of the European Convention on Human Rights (ECHR), claiming they would face persecution if returned. Advertisement The judgement said: "[The Jamaican said] the judge had failed to take into account that the key facts were not disputed by the Home Office. "The judge was wrong to find [him] vague in naming the One Order Gang as the source of risk. "The judge misunderstood which family members had been murdered and when. "The judge failed to take into account the steps taken by and on behalf of the [him] to confirm that [his] sister was in the Witness Protection Programme." Advertisement It comes just months after an Albanian criminal was allowed to stay in Britain after arguing his son did not like foreign chicken nuggets. An immigration tribunal ruled it would have been "unduly harsh" for the child to be deported to Albania with his father due to his sensitivity around food as well other "additional" needs. Father Klevis Disha, 39, successfully appealed his deportation at a lower-tier immigration tribunal in which his son's distaste for foreign chicken nuggets was listed as the only example of his food difficulties. The case also focused on his son's needs in regards to sensory issues and difficulties communicating emotions. Advertisement 4 It is the latest in a string of cases where offenders have called on Article 3 of the European Convention on Human Rights Credit: Getty 4 The One Order gang mainly operates out of Spanish Town - an area on the Caribbean island regarded as a hotbed for criminal activity Credit: AFP Advertisement
ITV News
18-06-2025
- Politics
- ITV News
'We're being taken for mugs': Badenoch says ITV investigation proves ECHR doesn't work
'We cannot be a safe haven for rapists and murderers because the prisons in their country are not nice,' the Conservative leader tells Paul Brand Kemi Badenoch says Britain 'is being mugged' after an ITV News investigation revealed how fugitives wanted for murder and child rape are being allowed to stay in Britain under human rights law. The Conservative Party leader said our reporting had further convinced her of the need to leave the European Convention on Human Rights (ECHR). An undercover investigation by ITV News revealed how two Brazilian fugitives – one wanted for murder, the other a convicted child rapist – had successfully avoided extradition by arguing that their rights under the ECHR would be violated in Brazilian prisons. They were allowed to remain in the UK, where one has subsequently reoffended. Reacting to our footage, Kemi Badenoch said: 'We are being taken for mugs. Britain is being mugged by this. It's absolutely shocking. We cannot be a safe haven for rapists and murderers because the prisons in their country are not nice. That's not our job.' The Conservative leader recently announced that her party would review the role of the ECHR and if necessary, she would argue for Britain to withdraw from it. 'I said that if we need to leave, we should leave,' she told ITV News. 'And I've also said that I'm increasingly coming to that view. This is yet another piece of evidence that shows that the ECHR and the way it's being used by hostile actors, foreign criminals, is no longer fit for purpose. "And if the problem is not with the law then it is with the judges who are not applying critical thinking or any kind of risk management. The risk of someone being tortured in Brazil versus the risk of a child being killed in England are not equivalent.' Last night the government announced that it would launch its own review of the way Article 3 of the ECHR – which protects individuals from torture or mistreatment - is being applied in such cases, following our reporting. ITV News found that fugitives wanted for murder and child rape are being allowed to stay in Britain under human rights law. The investigation revealed that British courts are refusing their extradition to countries such as Brazil due to claims that they would be mistreated in foreign prisons. In response the Home Office has announced it is reviewing the way human rights law is applied in similar cases. In a statement to ITV News, the Home Office said: "The Home Secretary has asked the Home Office to work with other government departments to urgently examine the way Article 3 of the European Convention on Human Rights is operating in these cases, specifically relating to prison standards overseas. 'Foreign nationals who commit crime should be in no doubt that we will do everything to make sure they are not free to roam Britain's streets, including removing them from the UK at the earliest possible opportunity. Extradition is a largely judicial process.' Our undercover filming has also revealed that fugitives may be lying to judges in order to make a claim under the European Convention on Human Rights (ECHR). Among those wanted by Brazilian authorities is a man convicted of repeatedly raping a five year-old girl. In 2005, Marlon Martins Dos Santos was convicted of killing a man in Brazil, before being sentenced in 2015 to a further 14 years for repeatedly raping the five-year-old girl. But by then, he had fled to the UK, where a judge again refused Brazil's extradition request under Article 3 of the ECHR. Dos Santos has committed further crimes against children while being allowed to remain in the UK. In April he was convicted of possessing and distributing more than a thousand images of child abuse – including the most serious category. Brazilian authorities also wish to extradite Nicolas Gomes De Brito, who fled to the UK in 2019 after allegedly ordering the murder of a rival gang member in Brazil. When Brazil requested De Brito's extradition in 2022 he was arrested by British police, but successfully argued that his human rights would be infringed if he was sent back to Brazil. Among the arguments that he put to a British judge was his claim to have been gay and married to a man, arguing that he would be treated especially harshly in Brazilian prisons due to his sexuality. However, when ITV News filmed with De Brito he told our undercover reporters that he had a wife and son who lived with him in the UK, raising doubts about his claims in court. In the end, a judge decided that he could stay in Britain due to broader concerns about his treatment in prison unrelated to his sexuality – namely that his rights under Article 3 of the ECHR could be violated. When ITV News confronted De Brito at his motorcycle garage and asked why he wasn't in Brazil preparing to stand trial, he replied: 'What are you talking about?' He was accompanied by a woman in the front seat of his van, but declined to say whether or not she was his wife. Asked whether he had ordered the alleged revenge killing, De Brito drove off without providing any further answers and did not respond to ITV News when invited to in writing. This article prohibits torture, inhumane or degrading treatment and punishment. The Brazilian government told ITV News: "The Ministry of Justice and Public Security (MJSP) acknowledges the concerns expressed by British authorities regarding the conditions of the Brazilian prison system." It added: "The Brazilian government has adopted a series of measures. It has been working directly with British authorities and the Brazilian Judiciary to provide diplomatic assurances regarding the treatment of extradited individuals and to present reports on the conditions of specific prison facilities."
Time of India
06-06-2025
- Politics
- Time of India
Vijay Mallya relates how he told Arun Jaitley he was flying to the UK before he left India
TOI correspondent from London: Fugitive liquor tycoon Vijay Mallya has told a podcast, in a rare interview, that he told the late former finance minister Arun Jaitley that he was about to fly out of India to London before he left for the airport in March 2016. At the time there was supposed to be a CBI lookout circular (LOC) issued against him. Mallya told 'Figuring Out with Raj Shamani' he was not aware of any LOC against him, nor that it had been downgraded by the CBI from detaining him to informing immigration of authorities of his travel plans. He told Shamani that certain TV anchors and the Indian govt want to see him in 'jail clothes, eating jail food' in Tihar and spending the rest of his life behind bars. 'If that is what is inevitable, what options do I have? It might be inevitable, I'm not an astrologer. I will fight my way in court.' He said: 'I told FM Arun Jaitley before leaving for the airport and then I flew from Delhi to London on the way to Geneva for a meeting which was fixed months ago. I told the then finance minister because I went from Parliament to Delhi airport. When this news hit the media, once again, it created a storm. People went running to Mr Jaitley. He denied meeting me. A Congress MP saw us and then said to the media 'No, I saw them together'. Mr Jaitley had to retract his statement and say 'Yes, yes I met him but only while walking — it was a fleeting meeting'.' 'I never said I went to Mr Jaitley's office, sat in front of him, had tea with him. All I said is I told the finance minister while leaving, I'm going to London and going to Geneva for a meeting, please tell the banks to sit across the table and settle with me. How long does this once sentencetake? You see the way he denied it, and then when a Congress MP pointed out his mistake that he saw us, he quickly changed.' He also said he had always planned to go back to India but his Indian passport was revoked. In the four-hour podcast Mallya also said he would be prepared to return to India. 'If I have the assurance of a fair trial and assurance of dignified existence in India, I will think about returning to India seriously. ' He then reminded Shamani of the judgment in the Sanjay Bhandari case which found 'Indian detention conditions a violation of Article 3 of the ECHR (European Convention on Human Rights)', which may mean he could not be extradited now. When asked why he had not gone already as he had lost his extradition battle in the courts, the 69-year-old said: 'My stay in England is fully legitimate. There is more than the particular case you are referring to. There are ongoing proceedings in this country. It's one of the legal battles I am fighting,' he said. This suggests he may have applied for asylum.
Hindustan Times
06-06-2025
- Business
- Hindustan Times
‘Call me a fugitive… but I am not a chor': Vijay Mallya addresses charges against him
Vijay Mallya, wanted in India on charges of fraud and money laundering involving over ₹9,000 crore, spoke about the cases against him in a four-hour podcast conversation with entrepreneur Raj Shamani. The former Kingfisher Airlines chief addressed his controversial exit from India, legal battles, the downfall of his airline and his problem on being called a 'chor'. 'Call me a fugitive for not going to India post-March (2016). I didn't run away, I flew out of India on a prescheduled visit. Fair enough, I did not return for reasons that I consider are valid, so if you want to call me a fugitive, go ahead, but where is the 'chor' coming from… where is the 'chori'?' Mallya said on the podcast. Mallya, who has lived in the UK since 2016, also commented on whether staying abroad worsened his legal troubles. 'If I have assurance of a fair trial and a dignified existence in India, you may be right, but I don't,' he said. When asked directly if he would return to India under assurances of fairness, Mallya replied, 'If I am assured, absolutely, I will think about it seriously.' He also cited a UK High Court of Appeal ruling in another extradition case, stating that Indian detention conditions had been found to violate Article 3 of the European Convention on Human Rights. 'Therefore they can't be sent back,' Mallya said, implying that he had similar concerns. The Indian government has not yet responded to Mallya's comments made during the interview. Revisiting the downfall of Kingfisher Airlines, Mallya said the 2008 global financial crisis was a major trigger. 'You ever heard of Lehman Brothers? You ever heard of the global financial crisis, right? Did it not impact India? Of course, it did,' he told Shamani, adding, 'Every sector was hit. The money stopped. It got dry. The value of the Indian rupee also took a hit.' According to Mallya, he approached then-finance minister Pranab Mukherjee with a restructuring plan. 'I went to Shri Pranab Mukherjee... and said I have a problem. Kingfisher Airlines needs to downsize, cut the number of aircraft, and lay off employees, as I can't afford to operate under these depressed economic circumstances,' he said. However, he claimed he was advised against downsizing and was promised support from banks. 'I was told not to downsize. You continue, banks will support you. That is how it all started. King Fisher Airlines has been forced to suspend all of its flights. King Fisher Airlines has been struggling. At the time when you asked loan, the company was not doing that great,' Mallya recounted. Mallya's legal troubles continue to mount. On April 9 this year, he lost an appeal against a bankruptcy order issued by a London High Court in connection with a ₹11,101 crore debt to a consortium of Indian lenders, including the State Bank of India. In February, Mallya approached the Karnataka High Court, arguing through his legal counsel that banks have already recovered ₹14,000 crore - well above the ₹6,200 crore originally due. He requested the court to direct lenders to provide a detailed breakdown of the recovered amount. Acting on the plea, a bench led by Justice R Devadas issued notices to the concerned banks and debt recovery officers. Despite this, Indian authorities continue to pursue Mallya's extradition to face trial for financial crimes related to Kingfisher Airlines, which ceased operations in 2012.
