Scandal of the
migrant criminals: How legal lunancy left serial sex offender free to
kill girl, 12
Katerina
Koneva: Strangled by sex offender Andrezej Kunowski
What a place to be if he is a paedophile. On that Sunday
morning a few weeks ago, children had flocked to the funfair in Milton
Keynes, where Hungarian-born Balazs Asztalos helped to run the popular
bungee jump ride.
A polite young man, who had been offered work during the busy
half-term holiday, he had seemed no different to any of the thousands
of Eastern European migrants seeking employment in Britain. Not until a
car full of Thames Valley police
officers turned up.
They were responding to a phone call from a worried local who
had spotted Asztalos from his photograph, which was part of a new
Crimestoppers' campaign aimed at capturing 'most wanted' foreign
fugitives in Britain.
Thousands of miles away in Asztalos' home town of Tolna, 80
miles south of the Hungarian capital Budapest, police suspect this
quiet, unassuming young man of raping a four-year-old girl before fleeing in May 2006 and
slipping into this country.
They want to quiz him and if charged he will be put on trial.
If found guilty, he will face a ten-year sentence.
Which is why, just 24 hours after police took him into custody
in Milton Keynes, Asztalos found himself in the dock of England's
extradition court in the London
borough of Westminster.
The slow process of trying to send him home to face the police
had just begun. But as we shall see, this is not only extraordinarily
complicated and time-consuming, it is very often doomed to failure.
Moreover, his case is simply one among thousands.
In the year to April, Britain received more than 3,500
requests from foreign countries for the return of their criminals. More
than 150 were suspected or convicted murderers. The astonishing total
was up by a quarter on the previous 12 months.
The vast majority of the 'wanted' suspects hailed from
European Union countries. As Detective Chief Inspector Murray Duffin,
of the Scotland Yard Extradition and Intelligence Unit, has warned:
'Britain is becoming a magnet for increasing numbers of criminals from
the former Eastern bloc countries which are now members of the
EU.'
Notably, the number of fugitives being sought by Poland has soared 14-fold since 2004,
when the country joined the EU and its citizens were allowed to live in
Britain. The Warsaw police now send a charter plane to Britain every
month to pick up their countrymen wanted for killings, rape, robbery,
burglary, drugs and theft. Last year, officers from the extradition
unit returned 275 Poles accused of crimes back home.
Even the police chief of Albania
- which is not an EU member -
has warned that Britain has become the favourite sanctuary for
fugitives. He recently claimed that the UK is harbouring 80 Albanian
killers and 20 other serious offenders. Many have got British
citizenship after deceiving our authorities and claiming asylum by
pretending to be from war-torn Kosovo.
So why does our extradition system take so long to send back
the suspected foreign criminals found here? And what are the
implications for our own safety as rapists and murderers freely walk
our streets?
In London, a fifth of all offences, a third of all sex attacks
and half of all frauds are committed by those born overseas. In the
West Midlands, the number of foreigners accused of crimes doubled to
3,700 in the five years up to 2008. In the country as a whole,
drinkdriving convictions of foreigners have shot up 17 times. And it is
hard not to suspect that many of them will have had criminal records
before they came to Britain.
For as one London senior police officer told me: 'A criminal
doesn't stop being a criminal just because he moves country - and that
is the real problem. Our first call when we get an extradition request
from a foreign country is to the British prison authorities, because
that is where they are often to be found.'
Indeed, about 5 per cent of all extradition requests concern
suspects who have already been jailed for offences committed in the UK.
Many have arrived here illicitly, smuggling themselves into
Britain hidden in lorries arriving from Calais, Dunkirk and Boulogne,
or on trains through the Channel tunnel.
This week the Home Office said that last year 28,000
foreigners clandestinely tried to enter the country by these routes.
'Inevitably, some are running away from their own justice system,'
explained the police officer.
The trouble is, by the time foreign criminals are successfully
tracked down it's often too late. In one horrific case, schoolgirl
Katerina Koneva, 12, was strangled at her home in Hammersmith, West
London, by Andrezej Kunowski, who had spent 15 years in jail in his
native Poland for serial sex offences.
The 51-year-old was awaiting trial in his home country for
further sex attacks when, in June 1996, he was freed on bail for urgent
medical treatment and absconded, travelling to Britain under a tourist
visa. (Poland was not yet a member of the EU.)
He murdered Katerina a year later, and although the Polish
authorities continued to seek his extradition, Kunowski remained at
large in the UK for six years after her death. It was only when he was
arrested for the rape of a 22-year-old student from London that police
were able to use the DNA samples they had taken to link him to
Katerina's killing.
He is serving life in prison in Britain and is unlikely ever
to be released - which means that he will never face justice in his own
country.
Yet shocking though his case is, there are many more like him
still at large in Britain. In fact, only a fraction of those suspected
of crimes in their home country and traced to Britain are ever
successfully extradited.
Foreign risks: Polish-born Andrezej
Kunowski (left) who has been jailed for life for the murder of
12-year-old Katerina Koneva, and Balazs Asztalos (right) who is wanted
for questioning in Hungary over the rape of a four-year-old girl
Of the 3,526 foreigners for whom extradition requests were
made by European Union countries in the past year, 683 were arrested
and only one in seven - 516 - returned, according to the latest figures
released to the Mail by the Serious Organised Crime Agency.
As for those from outside the EU, the Home Office says that of
the 300 'wanted' by the rest of the world since 2003, a third escaped
extradition and remain here. There are a myriad legal loopholes to
sidestep removal.
The suspects' lawyers often claim - successfully - that their
clients will suffer human rights abuse or will not face a fair trial
back home. The extradition process can be dragged out for years if
suspects appeal to the High Court and then up again to the Home
Secretary. If they come from outside the EU, many instantly claim
asylum. This request has then to be considered by the courts before the
extradition process can even begin.
In a further twist, those accused of offences carrying the
death penalty in their home country cannot - by our law - be returned
because Britain has abolished capital punishment.
This begs the question of whether the most dangerous foreign
criminals are deliberately settling here because they are safe from
extradition.
The situation is even more complicated if the suspected
foreign criminal has a wife and children in this country. Under the
Human Rights Act 1998, they can fight removal, claiming their family
life would be disrupted.
The crisis was highlighted earlier this month with the
Crimestoppers' campaign to track down foreign criminals here. The 16
named suspects were mainly from Eastern Europe
(eight from Albania alone) and
included six rapists and six murderers.
Lord Ashcroft, who founded Crimestoppers, said: 'Fugitives
hide across the globe in all communities. When you look at the
criminals that are on the most wanted list, they can be truly horrible
people and need to be caught.'
To speed the extradition process, new laws on sending
criminals back to Europe were passed in 2003. However, over four days
in court, I saw a score of foreigners using every twist and turn in the
law to fight removal.
Take Fred Undrits, who is wanted in Estonia
for burning down a house. The
23-year-old was brought to the extradition hearing from prison, where
he is serving a 56-day sentence for shoplifting. He has been in Britain
since 2006 and his case might take years to decide.
And what of Albanian Shkelzen Gradica? The 33-year-old has
changed his name to Robert and was convicted in his absence in Italy of attempted murder. His defence
team argue it could breach his human rights to be sent to Rome because he would not get a fair
trial.
The reason? Gradica was convicted on the basis of an
unreliable witness statement and has never had the chance to answer the
allegations against him in an Italian courtroom.
From Poland, Maciej Blaszko, 30, has been accused in Warsaw of
attempted robbery and driving while disqualified. Here he has been
fighting extradition with a team of lawyers paid for with legal aid
funded by the British taxpayer.
Blaszko says he won't get a fair trial back home because the
police case against him was prepared when he had fled the country for
the UK.
And then there was paedophile Julius Horvath, convicted in
1996 of the sexual assault and rape of a child in the Czech Republic.
Horvath slipped through our borders and came to Britain in
2000. Despite his dubious past, he successfully claimed asylum. Living
in a one-bed council flat in Leeds,
he even received job seekers'
allowance. The 54-year old has also had numerous run-ins with police
here, according to evidence given at the extradition hearing.
In the past four years, the Czech has been cautioned for
affray, being drunk and disorderly, serious assault and shoplifting.
Luckily for him, he has one son living here, and four grandchildren who
were born here, which means the chances of him ever going home are slim
indeed. Why? His lawyers say that a return would infringe his 'family
life' under Article 8 of the Human Rights Act.
And then there was the suspected Hungarian paedophile Balazs
Asztalos. He made a second appearance at the extradition court ten days
after he was found by police in Milton Keynes. His employers, S and D
Leisure, admitted they did not have a clue their polite young employee
was a suspected child molester.
'We were really amazed when he was arrested,' said company
owner Stanley Reeves. 'If we'd had the slightest inkling he was on the
run from police we never would have given him a job.'
The family-run company, which operates bungee rides all over
the country, had taken down Asztalos' details from his passport and
started to run a police criminal record check on him.
Now Mr Reeves is questioning how Asztalos had not been tracked
down to Britain before. He arrived in Britain in 2006. In the
extradition court, Asztalos' shoulder-length hair was swept back from
his face with gel, and he looked completely different to the
shavenheaded figure who had appeared in the Crimestoppers photograph.
But already there are nagging doubts about whether he can ever
be returned. The court heard that the Hungarian police have questioned
three other people - including Asztalos' own mother - in connection
with child sex abuse in his home town. Defence barrister Martin Henley
told the extradition court the trio had all been released without
charge.
And then Mr Henley announced his bombshell. He said that under
British laws the extradition request was useless if Asztalos was wanted
only for interviews by Hungarian police and was not, thus far, subject
to a fullblown arrest warrant.
While inquiries are made about exactly what the situation is,
the young Hungarian will remain in prison.
Asztalos is innocent until proven guilty, but there are
countless other foreign crooks and deviants with dubious pasts who are
making Britain an infinitely more unsafe place for decent people to
live in. It is a scandal of terrifying proportions.
Scandal of the
migrant criminals: High Court frees Somali thug Britain couldn't deport
Shambles: Prolific criminal Ahmed Daq
will now be released on bail after battling deportation for three years
The country's shambolic immigration laws were under the
spotlight yesterday after the High Court ordered the release of a
prolific criminal who has been fighting deportation for three years.
A judge ruled that the 'undesirable' immigrant, who 'embarked
on a criminal career' in the UK and still poses a threat of further
offending, must be freed from detention.
The High Court was told Ahmed Daq, 32, must be released on
bail because the Home Office has already held him for three years to
facilitate his removal from the UK but there is still no prospect of
deportation.
A judge ruled: 'Removal is not going to be possible within a
reasonable time. Therefore his detention has become unlawful.'
Daq, an alcoholic and drug addict, committed 18 offences
between 1998 and 2004, using 13 aliases. They included robbery, assault
and burglary.
He was due to be released in June 2006 but was immediately
served with a further notice of intention to deport, and detained
pending removal.
He had been in custody ever since, challenging moves to deport
him to Somalia in the Court of Appeal.
Over the past three years, he has been repeatedly in trouble
for violent outbursts against other inmates, and detectives fear he
will be a menace on the streets.
His latest appeal hearing has been delayed as the legal debate
continues over whether it is safe to return criminals and failed asylum
seekers to the violent and war-torn east African state.
Deputy High Court judge John Howell QC, sitting in London, observed: 'This case is a sad
reminder of the continuing difficulties in securing the removal of
foreign nationals who commit criminal offences in this country which
make their continued presence here undesirable.'
He granted Daq bail 'subject to stringent conditions' to guard
against the risk of him reoffending or absconding.
He observed: 'There is plainly the risk of him reoffending,
but the type of offence he may commit is not in my judgment of the most
grave kind, though serious they undoubtedly are.'
The judge described how Daq arrived in the UK in 1997 and
claimed asylum as a Somali national who feared for his life in his home
country. The judge said the possibility of his having Kenyan
connections was now also being explored.
Daq was granted exceptional leave to remain for one year and
then applied for an extension, but no decision was made on that
application.
The judge said: 'Meanwhile he embarked on a criminal career in
this country.' The offences included robbery, theft, two assaults
causing actual bodily harm, possession of an offensive weapon - an axe
- using threatening words and behaviour, and seven burglaries.
One burglary was committed after he had been served with a
notice of deportation in 2004, for which he received a two-and-a-half
year sentence.
The judge observed: 'There is plainly the risk of him
reoffending, but the type of offence he may commit is not in my
judgment of the most grave kind, though serious they undoubtedly are.'
Daq has been held in Bedford Prison following alleged
incidents of aggressive and abusive behaviour, including attacks on
other inmates, in immigration detention centres.
Amanda Weston, appearing for Daq, said he was suffering from
depression and self-harming because of his lengthy detention, and that
three years in custody for the purpose of deporting was 'beyond the
outer limits' allowed by the law.
She said his offending was linked to his drug and alcohol
addiction, but he was no longer addicted and no longer posed a threat.
He now had a young son, currently being looked after by an
aunt, who had become a strong incentive for him to stay off drugs.
The 2001 census suggested there were 43,000 Somalis in the UK,
but experts suggest the figure is at least 95,000 and possibly 250,000.