YALON
(No.50235/13)
358
The
that some of the procedure adopted in the application
for the extradition was out of order. This year Sotto
was again brought up, on a new application for extra-
dition, before the First Police Magistrate, the former
irregularities in procedure having been rectified.
magistrate, in hearing the application first of all
allowed certain preliminary questions to be argued, on
all of which he found in favour of the application for
extradition. Sotto, however, raised the point that,
as he had already been discharged on a writ of Habeas
Corpus in connexion with the same offence, he could not
be committed for extradition on a second application,
and on this point the magistrate found in his favour,
and accordingly discharged him.
While the decision of the magistrate thus ex-
· pressed appears not to correspond with that given by
the King's Bench Division of the High Court of Justice
ia this country, in the case of "Fex vergur Governor of
Brixton Prison ex parte Stallman", the question
whether the magistrate can be obliged to reconsider his
decision is one which is attended by considerable
difficulty
Page 360Page 361
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