Lawyers seek compensation for chef cleared of murder
LAWYERS are hoping to secure compensation for a chef who was finally cleared of murder after being convicted in his absence by an Italian court.
Italian authorities admitted yesterday that they had got the wrong man for the crime following closer examination of a fingerprint and immediately abandoned moves to extradite Edmond Arapi.
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But the admission at the High Court yesterday came a year after Mr Arapi, of Leek, was first detained and only after he appealed against the extradition order granted by magistrates in March.
The father-of-three was detained at Gatwick on a European Arrest Warrant, as he returned from holiday 12 months ago.
He was told he was wanted for the murder of Castillo Marcello, stabbed to death in Genoa in 2004.
Since his arrest Mr Arapi has spent five weeks in custody and attended a dozen court hearings in London, waiting to see if he would be sent to Italy.
In March he discovered he had been convicted in his absence in Italy in 2006 and sentenced to 16 years in prison.
Yesterday the 29-year-old said: "I cannot find the words to describe how I feel. I guess I'm really relieved and full of happiness, but that doesn't do it justice.
"I am outraged and disgusted by the Italian authorities. I feel like they have robbed me of life.
"But justice has prevailed in the end. I only discovered they admitted the mistaken identity when I arrived in London for the hearing."
Mr Arapi was in court with his wife Georgina's aunt, Carolyn Bailey, also from Leek, as Georgina, pictured, stayed at home with the children, aged seven, three and three weeks.
The court heard Italian prosecutors are still trying to establish exactly what went wrong with their investigation.
When they discover how the mistaken identity happened, the authorities will report the details to the Crown Prosecution Service.
Before his arrest, Mr Arapi had never received any information about the accusations against him, or been told about the trial held in his absence.
He had no opportunity to defend himself or present evidence that could prove he was at work in Cafe Davide, in Leek, on the day of the murder.
Gemma Lindfield, who represented the prosecutors' office of the Republic of Italy, admitted they had convicted the wrong man.
Speaking in court yesterday, she said: "We've received some information that the Italian judicial authority may have had the wrong identity for the murder of Castillo Marcello.
"It was confirmed on Monday, and fingerprint analysis has shown it was in fact the wrong person."
The Italian case had previously relied on DNA evidence found at the crime scene, which was said to belong to Mr Arapi.
But that claim has now also been withdrawn.
John Hardy QC, appearing for Mr Arapi, said: "This situation is a disgrace, but there is no way the Italian authorities can be forced to come to England and compensate for what they've made this man go through.
"We will be appealing to the Home Office for an ex-gratia payment, which is basically a system of payment out of the kindness of their hearts to compensate him."
An ex-gratia payment is not legally necessary and is usually made because of a moral obligation.
No legal liability is admitted by the payer.











3 Comments
by Andy, Tunstall
Saturday, June 19 2010, 12:27PM
“Yeah, that's it! We all need to pay out more money for someone elses c@ck up. The Italian governement should be compensating this man, not the British taxpayer. I am absolutely sick and tired of seeing my hard earned tax being spent on all sorts of nonsense. It's bad enough paying for half the malingering British do-nowts that are milking this country dry without having to foot the bill for foreigners.”
by John, stoke on trent
Wednesday, June 16 2010, 11:36PM
“Compensation should be paid for by the Italian government as the bill for his legal fight has to be footed by the British tax payer.”
by Greyone, Stoke
Wednesday, June 16 2010, 11:13AM
“Edmond and his family will deserve every penny (if they get any at all!). If this is how the EAW works it needs to be reviewed as a matter of urgency. I really hope they get enough to tip the scales of this injustice the other way. Good luck Edmond and family.”