The High Court has ordered Frederick David Russell’s committal pending extradition to the United States to face charges arising from a fatal 2001 road collision in Washington State.
US authorities sought Russell’s return on three charges of vehicular homicide, three of vehicular assault, one of forgery and one of theft. The charges followed a multiple-vehicle collision on 4 June 2001 in which three people died and others were seriously injured.
The US case alleges that Russell was driving at excessive speed and on the wrong side of the road while overtaking. It is also alleged that blood samples showed alcohol above the permitted limit and marijuana use. Those allegations remain to be tried.
Russell was granted pre-trial release but failed to attend a readiness hearing on 26 October 2001. US authorities also charged him with bail jumping and interstate flight, but did not seek his extradition for those offences. He was later found living and working in Ireland under an assumed name and was arrested in Dublin on 23 October 2005.
Russell argued that, despite assurances from US prosecutors, he might still be prosecuted or punished for the non-extradition offences. Peart J rejected that argument. He held that the extradition treaty’s rule of specialty — which generally prevents prosecution for offences outside those for which extradition was granted — would be observed by the United States.
The judge also held that a US sentencing court could take account of relevant conduct, including flight from prosecution, when fixing sentence for an extradition offence without thereby punishing Russell for a separate offence.
Russell further argued that threats previously made against him created a real risk to his life and that protective segregation in prison could amount to inhuman or degrading treatment. The court found the evidence of protective measures within the Washington prison system sufficient and held that neither objection justified refusing extradition.
Peart J therefore made the order sought under section 29 of the Extradition Act 1965, committing Russell to await the Minister’s extradition order.