HMA v Paul Lyons
Crown Office
4 MARCH 2010
HMA V PAUL LYONS
At the High Court in Glasgow today, 27-year-old Paul Lyons pled guilty to causing the death of Mark Fleeman on the M74 at Larkhall in June last year and attempting to defeat the ends of justice by fleeing to Spain shortly after the incident.
Following information that he may be residing in Spain, the Crown Office International Co-operation Unit sought a European Arrest Warrant for Lyons which was granted at Edinburgh Sheriff Court. This warrant was executed by Spanish police and he was arrested on 23 September. Lyons did not consent to his surrender but following a hearing before a Court in Madrid he was ordered to be returned to the UK to face criminal charges in Scotland.
Speaking after the hearing, Jennifer Harrower, District Procurator Fiscal for Hamilton, said:
"Paul Lyons used his van as a weapon, it may not have been a knife or a gun but nevertheless it had the same lethal consequences culminating in the death of an innocent man.
"Driving dangerously while under the influence of alcohol and drugs at speeds in excess of 70mph, and along the hard shoulder, Lyons - a disqualified driver - repeatedly swerved towards traffic and ultimately collided with a vehicle driven by 32-year-old Mark Fleeman. This caused Mr Fleeman to lose control which resulted in an horrific crash that killed him and severely injured his passenger.
"Lyons then fled abroad, desperately attempting to avoid the consequences of his actions. Working with our criminal justice partners and utilising all of the powers within the legislation available we were determined to ensure he did not do so.
"I would like to express my sincere condolences to Mr Fleeman's family and friends. Although I cannot say anything which could hope to diminish their great loss, they can maybe draw some comfort from the knowledge that his killer has today been brought to justice."
Ends
Notes for Editors
1. Paul Lyons was remanded in custody and sentence was deferred until 1 April 2010 at the High Court in Glasgow.
2. This case is a good example of prosecutors using the available mechanisms in international co-operation to trace and surrender fugitives from justice within the EAW within a short period of time, even where the person contests their surrender.
3. A European Arrest Warrant gives effect throughout all Member States of the EU to a warrant to arrest a person issued in Scotland. The Courts in those States on the basis of mutual recognition must give effect to that warrant. Such a warrant may be issued if the person whose return is sought is accused of an offence for which the maximum period of the penalty is at least a year in prison, or if he or she has been sentenced to a prison term of at least four months. Such a warrant should be executed as quickly and as easily as possible in the other Member States of the European Union. The European Arrest Warrant means faster and simpler surrender procedures proceeding on a solely judicialised system. Member States can no longer refuse to surrender to another Member State their own citizens who have committed a serious crime, or who are suspected of having committed such a crime in another EU country, on the ground that they are nationals. Simplifying and improving the surrendering procedure between EU Member States was made possible by a high level of mutual trust and cooperation between Member States of the EU.
4. The Framework Decision on the EAW agreed at EU level in September 2002 was introduced into UK law by the Extradition Act 2003 which came into force on 1 January 2004.
5. The International Co-operation Unit in its current format came into being in 2005 and its role includes:
i. Responsibility for all aspects of international criminal co-operation, including Mutual Legal Assistance (MLA) and extradition;
ii. Policy work in support of relevant legislation and in relation to the various areas of work handled by the Unit;
iii. Providing advice and assistance to COPFS and LEAs in relation to International aspects of criminal investigation and prosecution;
iv. Seeking representation and where appropriate co-ordinating/assisting with international events relevant to COPFS; and
v. Co-ordination of activities through secondee at Eurojust.
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