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+ | * "As for the risks posed by these releases, they are real. WikiLeaks' | ||
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+ | 151. The aforegoing contrasts the actions of the defendant with those of reputable media outlets. He is described as a source. He was warned not to publish the names of informants and others in danger if they were identified. He, according to his former media partners, deliberately chose to do so (in contradistinction to what any self-respecting and professional journalist would do). | ||
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+ | ==== C. Abuse of Process - Zakrzewski ==== | ||
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+ | 152. If it is alleged that the particulars contained in an extradition request are materially inaccurate, the Supreme Court has accepted it may amount to an abuse of process. However, even this narrow area of discretion operates so as to preclude the extradition Court from adjudicating upon disputed matters of fact going to the conduct alleged in the requesting state. | ||
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+ | 153. Thus, in Zakrzewski v. Regional Court in Lodz, Poland [2013] 1 W.L.R 324 the Supreme Court (per Lord Sumption at §13, emphasis added) set out the conditions in which the Court' | ||
+ | * 153.1 Firstly, the jurisdiction "is exceptional" | ||
+ | * 153.2 Secondly, the true facts required to correct the error or omission "must be clear and beyond legitimate dispute" | ||
+ | * 153.3 Thirdly, the error or omission must be material to the operation of the statutory scheme. | ||
+ | * 153.4 Fourthly, the sole juridical basis for the inquiry into the accuracy of the particulars in the [warrant] Request is abuse of process. The materiality of the error in the warrant will be of critical importance. | ||
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+ | 154. There appear to be three areas of potential Zakrzewski abuse: | ||
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