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December 2nd, 2009

Kozeny Will Have To Wait For COA Decision

By Sasha L. Lightbourne
Czech-born financier Viktor Kozeny (Photo/Torrell Glinton)
Czech-born financier Viktor Kozeny will have to wait awhile before he learns whether or not the Court of Appeal panel will uphold or quash a decision made by a Supreme Court Justice not to extradite him to the United States to face fraud and bribery related charges.

President of the Court of Appeal, Dame Joan Sawyer told the attorneys involved that they would have to wait for their decision in the matter, as there were currently 15 extradition requests before the appellate court.

Also presiding in the matter were Justices Hartman Longley and Christopher Blackman.

On Tuesday, Kozeny’s attorney, Clyde Nichols QC argued that Justice Jon Isaacs was correct when he ruled against an extradition request back in October 2007.

Kozeny, who is out on $300,000 bail, is wanted in New York on a long list of corruption charges, including charges of plotting to bribe government officials in the former Soviet Republic of Azerbaijan.

In his submissions, Mr. Nichols told the appeallate panel that the main issue is the nationality of the officials, who were allegedly being bribed by Kozeny and not whether Magistrate Carolita Bethel’s decision to commit the accused to prison to await extradition was lawful as the prosecution contends.

Kozeny’s attorney further added that the state cannot abuse its power by trying to extradite his client because the United States Government has no clear case againt him and the accusations were not made in good faith.

In response to Mr. Nichols’ submissions, Alun Jones QC, who appeared on behalf of the Crown, reminded the panel that Kozeny committed a crime and should be punished for it in the jurisdiction where it was committed.

He also reiterated to the panel that it was wrong for Justice Isaacs to discharge Kozeny after Magistrate Bethel had already approved his extradition.

The accused was arrested at his Lyford Cay home on October 15, 2005. Since then, he has been fighting extradition to the US.

US authorities say Kozeny conspired to violate the US Foreign Corrupt Practices Act.

He could face a 25-year prison term if convicted.

Kozeny was once considered the Czech Republic’s richest man.

Prosecutors have already filed an appeal against an order on a habeas corpus application.



 
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