French paedophile suspect walks free after appeal succeeds
A Frenchman, who is wanted in India for alleged child molestation has succeeded in the High Court with appeal against his extradition to that country.
Mathieu Nicolas Furic was yesterday discharged by judges Christie Liebenberg and Naomi Shivute.
The judges, after considering the provisions of the Extradition Act read with the rules of the High Court, concluded that unsworn statements, a statement not translated by a sworn translator and unauthenticated documents – all used in his extradition hearing - are inadmissible as evidence.
They further concluded that the witness statements found to be inadmissible were the basis of the extradition request and do not make a prima facie case.
“The appeal of Furic accordingly succeeds,†the judges ruled.
Furic had been held at the Hosea Kutako International Airport police cells.
The French national was arrested at Walvis Bay Airport on June 20.
An extradition hearing was held at the Windhoek Magistrate’s Court in Katutura in front of Magistrate Cosmos Endjala.
The State did not present oral evidence and tendered only documentary evidence indicating that a case has been registered against Furic involving three charges.
He had allegedly committed sexual acts with four minor children.
Endjala gave the green light for his extradition.
Furic was at the end of the extradition enquiry committed to prison pending a decision by the Minister of Justice Utoni Nujoma on the matter.
The High Court ruled yesterday that the Extradition Act requires that the magistrate be satisfied that a prima facie case was proved against the person to be extradited and that the rules of the High Court be applied.
The court the documents relied upon at the extradition enquiry did not satisfy the requirements of admissibility of foreign documents, the High Court ruling said.
The court was not satisfied that prima case was made, and Furic’s appeal therefore succeeded.
WINDHOEK FRED GOEIEMAN
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