Court ‘on the verge’ of violating Easey Street suspect’s right to fair trial, lawyer says

Marta Pascual Juanola and Josephine McKenna September 26, 2024 — 

One of Italy’s leading international lawyers has questioned the decision by a Rome court to readily accept accused Easey Street double murderer Perry Kouroumblis’ consent to extradition and raised concerns about his ability to get a fair trial.

Alexandro Maria Tirelli, the president of the European and International Law Chambers, which deals with extradition cases and other matters of international law, described the 65-year-old’s decision as “absurd”.

“The Court of Appeal of Rome could have assessed whether it was appropriate to hand over a person under investigation for a crime committed more than 45 years ago,” Tirelli told The Age.

“Mr Kouroumblis’ decision to consent to extradition was absurd. I am speechless.”

Tirelli said that in his experience of dealing with extradition cases over the past 20 years, only two accused people had immediately consented to extradition without contesting the application before an Italian court. He raised questions about whether Kouroumblis’ rights were being adequately protected.  “How will the Australian judges conduct a credible trial?” he said.

“The acquisition of evidence for a crime committed so long ago is impossible and raises serious concerns … We are on the verge of violating the defendant’s right to a fair trial.”

Tirelli’s concerns come as international law experts in Australia estimate Kouroumblis could be back in Australia to face court in as little as six weeks following his decision not to fight extradition.

Australian National University international law professor Donald Rothwell said Victoria Police would still be required to present its case to Italian authorities, but Kouroumblis’ consent had paved the way for an expedited return to Australia.

“It will mean that the processes before the Italian courts and with the Italian authorities have become quite simplified and there’s some prospect that he could possibly be returned to Australia in six to eight weeks,” Rothwell said.

The Australian government has 45 days from Kouroumblis’ arrest to make its case, which will likely require Victorian homicide detectives to travel to Rome to present their evidence. That process could be fast-tracked or delayed depending on how long it takes to arrange the necessary paperwork.

“Italian courts and the Italian authorities will still want to ensure that all of the appropriate requirements are met for the extradition, so that requirement is not obviated as a result of consenting to extradition,” Rothwell said.

Any case put forward by Victoria Police will need to meet the requirements of the extradition agreement between Italy and Australia, and present enough evidence for the Italian courts to be confident of Kouroumblis’ prosecution.

The 65-year-old dual Australian-Greek citizen this week appeared before a magistrate via video link from a jail cell in Rome’s Regina Coeli prison, indicating he would not fight a Victoria Police request for him to be flown back to Australia for questioning.

Kouroumblis’ court-appointed public defender in Italy, Serena Tucci, said he had otherwise exercised his right to refuse to answer questions from authorities.

Tucci expressed surprise at Kouroumblis’ decision not to fight Australia’s extradition request and said she did not know the reason behind the decision.

“I said: ‘Are you sure that you want to go back to Australia?’ and he said: ‘Yes, I want to come back,’” Tucci told ABC Radio Melbourne on Thursday.

“I saw him this morning – he’s fine, he’s in good health, he’s proclaimed himself innocent,” she said.

Meanwhile, riots erupted at Regina Coeli prison on Wednesday night. Penitentiary police called for reinforcements as firefighters fought to control flames that could be seen from the street.

Gennarino De Fazio, secretary general of the UILPA Penitentiary Police, said prisoners had used camping cooking canisters to set fire to mattresses in their cells.

“We trust that the penitentiary police department, whose professionalism and dedication is widely acknowledged, will be able to control these umpteenth disturbances without irreparable consequences,” he told Italian media.

“All this is unacceptable for a country that wants to call itself civilised. We need urgent measures capable to establishing minimum living conditions and security in prisons.”

About 100 inmates were reportedly involved in the riots, but no injuries were reported. It’s the second uprising in the past three months at the notoriously overcrowded and understaffed prison in Rome’s Trastevere residential district.

Tucci said she believed Kouroumblis had not been not affected by the prison riots.

On Thursday morning, she brushed off any concerns about the state of the penal facility but suggested Kouroumblis might be able to arrange a transfer.

“It’s a normal prison. In Rome, we have two very big prisons,” Tucci told the ABC.

“I don’t know if [Kouroumblis will be there] all the time or a few days. He can probably change prisons. It depends.”

Kouroumblis is wanted over the deaths of Suzanne Armstrong, 27, and Susan Bartlett, 28, in a house in Collingwood in 1977. No charges have been laid and, if they are, they will need to be proven in an Australian court.

Tucci previously told The Age that Kouroumblis was distressed, surprised and worried about his arrest, and had not understood why he had not been previously arrested in Athens, where he had been living since leaving Australia in 2017 shortly after being asked by cold-case homicide detectives to provide a DNA sample.

The 65-year-old had been working as a welder and living with his brother, Andreas, in a family home in Athens – until his arrest under an Interpol red notice at Rome’s Fiumicino Airport last week.

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