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Extraditions thrown into disarray by landmark ruling
Published in: Legalbrief Today
Date: Fri 07 March 2008
Category: Litigation
Issue No: 2024



A couple accused of illegally peddling stem cell treatments to patients in the US will not be extradited from SA soon – thanks to a government bungle.

A landmark Pretoria High Court judgment delivered yesterday found that SA could not extradite Stephen van Rooyen and his American model wife Laura Brown, because Parliament had failed to enact the country's extradition agreement with the US into law. Judge Ferdi Preller's ruling will affect every extradition agreement concluded by SA since 1996, effectively making SA powerless to send some of the world's most wanted fugitives – including alleged child pornography distributor Jonathan Ells – overseas to face trial, says a Cape Times report. Ells, who was released on bail pending a now-defunct appeal against his extradition, was last recorded as working in the Johannesburg computer industry. The ruling also makes it nearly impossible for local justice authorities to apply for foreigners, such as John Stratton – alleged Brett Kebble murder mastermind – to be extradited to face charges here. President Thabo Mbeki, Justice Minister Brigitte Mabandla and Parliament have been ordered to foot the legal bill rung up by Brown and Van Rooyen. The couple challenged the extradition agreement between SA and the US after they were accused of committing stem cell fraud there. Van Rooyen and Brown are accused of defrauding people suffering from incurable diseases by offering them controversial stem cell treatment, some at an alleged cost of about R180 000 a time. The government is expected to challenge Preller's ruling in the Constitutional Court – where the judge ordered it to be sent for confirmation – later this year.
Full Cape Times report (subscription needed)




  


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