High Court identifies Yemi Moshood Olatunde as person named in arrest warrant

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The High Court found that Yemi Moshood Olatunde was the person named in a European arrest warrant, for the purposes of the initial arrest procedure. In a reserved judgment delivered on 28 October 2014, Mr. Justice Edwards explained the reasons for that earlier determination.

Mr Olatunde had disputed that he was the person sought. The Minister for Justice and Equality sought to establish his identity using emails and fingerprint impressions attached to an Interpol Diffusion. Mr Olatunde contended that this material constituted inadmissible hearsay.

Part A of the warrant had been left blank.

Following a hearing lasting several hours over two days, the court admitted the disputed evidence and allowed reliance on section 45A(11) of the European Arrest Warrant Act 2003. It was satisfied that the fingerprints accompanying the Interpol Diffusion related to the warrant and had been transmitted on behalf of the issuing judicial authority. Expert evidence comparing fingerprint impressions supported the identity finding.

The determination applied only to the section 13 arrest procedure. Mr Olatunde retained the right to revisit the identity issue at any subsequent full surrender hearing.