Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus  WLR (D) 193
“A trial was the legal process whereby guilt or innocence was to be decided and which resulted in a final determination. A fugitive’s state of mind was not material in deciding whether he ‘absented himself from his trial’ within the meaning of s 20(3) of the Extradition Act 2003. It was a matter of fact as to whether or not the fugitive had attended the trial. A fugitive’s state of mind was relevant in considering whether he ‘deliberately’ absented himself from his trial and he ‘deliberately’ absented himself where he made a conscious decision not to attend.”
WLR Daily, 18th June 2009
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