A further bid to throw out an extradition hearing of a man suspected of rape in the US has failed.
Lawyers for Nicholas Rossi, who authorities believe faked his own death in the United States to evade prosecution, applied for the hearing to be discharged after they claimed Rossi was not brought before a sheriff within the appropriate timeframe and was not processed at a police station in the normal way following his arrest in December 2021.
It was also claimed Rossi did not receive a copy of a crucial National Crime Agency (NCA) document along with the Interpol red notice that had been served on him by Pc Dominic McLarnon at the time of his arrest.
Rossi was not present at Edinburgh Sheriff Court on Tuesday when Sheriff Norman McFadyen refused to discharge the hearing due to transport issues at HMP Edinburgh where he is on remand.
Sheriff McFadyen said he did not feel that Rossi’s case was prejudiced as a result of the delay in bringing him before the court in December 2021 because he was the “sickest patient the hospital had seen” with Covid at the time of his arrest, and it was “entirely reasonable” that alternatives should be sought.
Sheriff McFadyen said the evidence given in court on Monday by Pc Dominic McLarnon should be accepted.
The sheriff said: “It was clear what it was he served and it was the only time he had served such documents, he remembered it clearly.
“He gave his evidence clearly, while I found the requested person (Rossi) to be evasive.”
On Monday, another bid to have the hearing thrown out was also rejected.
Rossi was arrested and detained, while he was being treated for Covid-19 at the Queen Elizabeth University Hospital, Glasgow, in December 2021, in connection with an alleged rape in Utah.
It has been alleged Rossi faked his own death in 2020 and fled from the US to the UK to evade prosecution.
He is expected to appear at court on Tuesday afternoon where the hearing will continue.
