A soldier's son acquitted of stabbing a man to death in Germany faces extradition to the continent to stand trial again after a High Court ruling yesterday.
Gary Dean Wood (21), of Lamb Crescent, Wombourne, Wolverhampton, was cleared at the regional court in Paderborn of the New Year's Day 2002 manslaughter of his girlfriend's uncle, Achmed Sabanaj.
Wood successfully argued he was acting in self-defence but in March 2003 the German Federal Court upheld a challenge by the prosecution and ruled he should face a retrial on attempted manslaughter charges.
By then, Wood, who also faces allegations of wounding Erol Sulymanajon the same night, had moved back to England where his father lives.
In March 2004, a judge at Bow Street Magistrates' Court ordered he be extradited to Germany and yesterday the High Court dismissed Wood's appeal and ordered the extradition to go ahead.
Paul Garlick QC, for Wood, argued that to extradite him now would be "oppressive and unfair".
He said Wood's mental health has deteriorated because of the stress of what happened, and since moving back to the UK he had become a father. Under the double jeopardy rule, added Mr Garlick, Wood would not face a second trial in the UK.
Lord Justice Maurice Kay and Mr Justice Moses also heard that Wood - whose mother is German and who holds dual nationality - was threatened by relatives of the dead man while he was on remand in a German prison.
But after an hour of legal argument, Lord Justice Kay ruled there was no legal obstacle to the extradition.