June 11, 2014
Press Release No. 124
A district court in Scotland held a hearing on the morning of June 11, 2014, to consider the Republic of China's (Taiwan) extradition request with regard to Mr. Zain Dean, a UK national who was convicted in Taiwan for his involvement in a hit-and-run case in 2010. The presiding judge ruled that Mr. Dean should be extradited to Taiwan to serve his sentence, marking another important milestone following the UK judiciary's favorable ruling concerning the civil case against Mr. Dean. As a result of joint efforts by the Ministry of Foreign Affairs (MOFA), the Ministry of Justice (MOJ), the Taipei Representative Office in the UK (TRO), as well as the TRO Edinburgh office, justice has now been achieved in the civil and criminal cases. In addition, a positive precedent has been set for mutual judicial assistance between Taiwan and the UK.
In early February 2013, MOFA and the TRO received a written request from the MOJ with regard to judicial cooperation with the UK, which was forwarded to the UK Parliament and relevant UK government agencies. In addition, several members of the Justice Committee of the House of Commons also voiced their support of Taiwan's position. After the UK agreed to facilitate special extradition arrangements, competent judicial authorities of the two countries signed a memorandum of understanding (MOU) on extradition on October 16, 2013, through an exchange of letters. The TRO kept in close contact with prosecutors in Scotland throughout this period, providing relevant information that enabled prosecutors to arrest Mr. Dean on October 17, the day following the signing of the MOU. While the case was being conducted by the court, MOFA cooperated closely with the MOJ, which submitted important evidence. The TRO also assisted in making sure that Scottish prosecutors were fully aware of all the details pertaining to the case. Scottish prosecutors were therefore able to refute the arguments presented by Mr. Dean and his lawyers, leading to the judge's ruling that Mr. Dean should be extradited to Taiwan to serve his sentence.
In accordance with UK law, the Scottish Cabinet Secretary for Justice must approve the judge's extradition decision before it can be carried out. The Secretary must rule on the decision within eight weeks. During this time, Zain Dean may contest the court’s decision. Likewise, after the Scottish Cabinet Secretary for Justice makes a ruling, Zain Dean will have another 14 days to appeal this ruling. Should the appeal be granted, the case will move on to the Scottish High Court of Justiciary for further deliberation. With the UK having a three-tier judicial system, this case could actually be appealed all the way to the UK Supreme Court. Therefore, although the current decision is in Taiwan’s favor, the whole extradition process could take much time to complete. The relevant Taipei representative offices will continue to maintain contact with Scottish prosecutors so that Zain Dean can be extradited at the earliest possible date and serve his sentence.
MOFA is pleased with the most recent ruling by the Scottish court. Following the favorable ruling on the civil case, the extradition decision is a fine example of judicial justice being upheld and sets a positive precedent in Taiwan-UK judicial cooperation. In the future, the two sides can use this precedent to further strengthen bilateral cooperation in not only judicial matters, but also other areas of mutual concern. (E)