The High Court has ordered Maricela Paun to be surrendered to Italy to serve the remainder of a prison sentence arising from the exploitation of her minor daughter for prostitution.
The European arrest warrant was issued in June 2020 by the Prosecutor General's Office attached to the Court of Appeal of Caltanissetta. Paun had received a sentence of four years and eight months' imprisonment and a €16,000 fine. Italian authorities said four years and 14 days remained to be served after credit for a period of house arrest.
The offence concerned conduct in Serradifalco between November 2013 and January 2014. The warrant stated that Paun encouraged and organised meetings between her daughter, who was under 18, and another person, thereby inducing, encouraging or exploiting the girl as a prostitute or otherwise taking advantage of her.
Paun challenged surrender on several grounds. She argued that the identity of the issuing judicial authority was unclear, that the warrant contained inconsistencies and that she had not appeared personally at the hearings leading to conviction and sentence. She also raised concerns about Italian prison conditions.
Mr Justice Paul Burns rejected those objections. Additional information from Italy clarified that Deputy Prosecutor General Antonino Patti had authority to issue and sign the warrant. It also corrected errors concerning the offence dates and an erroneous reference to life imprisonment.
On the in-absentia issue, Paun denied authorising lawyers to represent her. Italian authorities produced documentation showing that she had appointed lawyers, including granting a special power of attorney for an abbreviated trial, and that appeals were pursued on her behalf. The judge preferred that documentary account and found Paun's contrary evidence unreliable.
The court also found that she had left the address she designated for service while proceedings were pending, without providing a new address, and had effectively avoided personal service while remaining legally represented.
Italian authorities provided assurances about minimum personal space, sanitation, exercise and healthcare in prison. The court found no real risk of inhuman or degrading treatment and ordered surrender.