A lawyer fighting against the extradition of a rape suspect wanted in the US has argued in court it would be a “flagrant violation” of his human rights.
Mungo Bovey KC summed up his arguments shortly after an adjournment had to be called during proceedings at Edinburgh Sheriff Court when suspect Nicholas Rossi announced he wanted to dismiss his lawyer.
His interruption came as Mr Bovey argued that Rossi, who claims to be another man named Arthur Knight, had never been proven to be a US national citizen.
Rossi, 35, is wanted in the US in connection with alleged offences including rape and is contesting moves by authorities there to have him flown over to face trial.
Mr Bovey raised a number of issues he argued would breach Rossi’s rights if he were to be extradited including the impact on his health, the added difficulty he would have engaging with lawyers and the condition of prisons.
He argued Rossi’s propensity to create “conflict” within the prison system, which he attributed to a suspected personality disorder, might make life difficult for him in a US prison.
“The conflict this man displays will endanger him,” he said.
He added prisons in Utah were short-staffed, offered “poor” medical care and had twice the average rate of deaths by suicide.
Mr Bovey also pointed out an executive board and not a judicial one would decide how long Rossi should remain in prison should he ultimately be convicted of rape in the US and this could be considered another breach.
“This is not a trial by the judiciary but by the executive and, in my submission, it simply will not do,” he said.
Mr Bovey raised these points after the adjournment was called when Rossi announced to the court he wished to dismiss him.
The lawyer was arguing Rossi had never been proven to be a US national with sheriff Norman McFadyen when Rossi made the intervention.
Rossi said twice that he wanted to “dismiss counsel” which drew a warning from the sheriff.
He told Rossi: “If you are disruptive I will have you removed from court.”
The hearing continued following the brief adjournment with no further mention of Rossi’s demands.
In the afternoon, advocate depute Alan Cameron urged the sheriff to dismiss Mr Bovey’s arguments and evidence led by Rossi relating to his alleged poor health which Mr Cameron insisted could not be relied upon.
Rossi, who has been using a wheelchair to attend court since the hearing began, previously claimed he was unable to walk and could not raise his arms above his head.
But Mr Cameron reminded the court that a previous speaker, Dr Barbara Mundweil, had said there is no medical reason for Rossi to use the wheelchair.
Mr Cameron went on to argue there was no evidence that Rossi suffered from any condition, physical or otherwise, which would be a barrier to his extradition.
“I suggest there is no evidence before your lordship he suffers from any significant illness, physical or mental,” he said.
Sheriff MacFadyen adjourned the hearing until next week to give him time to consider all the submissions and evidence led.
Rossi is due to return to Glasgow Sheriff Court on Wednesday July 19 for a decision on his case.
He was arrested in the UK more than two years ago in connection with the alleged offences in the US.
He was being treated for Covid-19 at the Queen Elizabeth University Hospital in Glasgow when he was detained in December 2021.
It has been alleged that Rossi faked his own death in 2020 and fled from the US to the UK to evade prosecution.
