Another predatory New York prosecutor

Two elderly hoteliers won their battle against extradition to the US yesterday as a British judge suggested a prosecutor had lied to get his hands on them. Stanley and Beatrice Tollman spent four years trying to escape the clutches of Stanley Okula, an assistant US attorney, who once threatened to make their life "as miserable as possible". Their nemesis was found by District Judge Timothy Workman to have given untruthful evidence, even under oath. The judge condemned his behaviour as "reprehensible".

The judgment turns the tables dramatically on Mr Okula, who faces the risk of an action for perjury and the possibility that he would have to fight extradition to Britain. However, his office last night rejected the accuracy of the judgment and gave warning that the US was planning to appeal for the Tollman extradition to go ahead.

The Tollmans were the most prominent remaining alleged white-collar criminals sought by the US under fast-track extradition. The most notorious case involved the bankers known as the NatWest Three. The elderly pair, friends of Baroness Thatcher, run a string of luxury hotels in Britain, Switzerland, America and South Africa. Mr Tollman, 76, a former director of Chelsea Football Club, and Mrs Tollman, 74, were accused variously of alleged offences involving bank and tax fraud, which they denied vigorously. At one stage they were alleged to have hidden $35 million (œ17.5 million) from the US taxman.

Their lives became a misery after Mr Tollman failed to attend an early court hearing in New York for alleged bank fraud. Mr Okula, a local prosecutor, is said to have decided to pressurise Mr Tollman's relatives to make him give himself up. "It is alleged that Mr Okula has displayed personal animosity towards Mr Tollman and his family, which went far beyond the responsibilities of a thorough prosecutor," the judge said at City of Westminster Magistrates' Court yesterday.

"He is said to have declared that he intends to make Mr Tollman's life `as miserable as possible', which is a comment he has not denied. He is also said to have commented that he was looking forward to having a `perp walk' with Beatrice Tollman. I understand this to mean that he intended to walk publicly through the streets of New York from the processing centre to the court house with her handcuffed and chained for the benefit of the press. In his affadavit, Mr Okula denies this allegation." But the judge said that a lawyer to whom the "perp walk" threat had been made, gave entirely honest and trustworthy evidence. "I find Mr Okula's affadavit on this point to be untruthful," Judge Workman said.

The Times reported how Mr Okula hatched a plot last year to seize Mr Tollman's nephew, Gavin, at Niagara Falls, bypassing extradition rules, when he visited Canada on business. A Canadian judge released Gavin Tollman, finding that there had been unequivocal abuse of process and that Mr Okula had misled the Toronto court. "Mr Okula claims that his actions had the support and approval of superiors," Judge Workman said. "I find that evidence unlikely to be true."

Mr Tollman's son, Brett, was prosecuted in America by Mr Okula who, in spite of the suspect's voluntary attendance at court, had demanded $25 million bail for his release. Mr Okula had made clear repeatedly that things "would be easier for Brett if his parents came back".

Judge Workman decided it would be oppressive to extradite the Tollmans owing to the time since the alleged offences, dating back to the early 1990s, and Mrs Tollman's poor health. The couple's solicitor Mark Spragg, who also represented the NatWest Three, now awaiting trial in Texas, said that it would be possible to extradite Mr Okula. Mr Spragg called on Gordon Brown to reinstate the requirement for overseas countries to show a prima facie case before suspects are surrendered. Fast-track extradition was introduced as an anti-terror measure but critics say that it has been seized on by US prosecutors zealously pursuing white-collar criminals.

A spokeswoman for the US Attorney's Office for the Southern District of New York, where Mr Okula works, said: "We respectfully disagree with the court's factual and legal findings and expect to appeal."

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Australia: Compensation for wrongful conviction denied

Two brothers jailed over the 1982 Perth Mint gold swindle have lost a bid to sue the West Australian Government over their wrongful convictions. Peter, Ray and their late brother Brian Mickelberg were convicted in 1983 of defrauding the mint of $653,000 in gold bullion in exchange for worthless cheques.

Each of the brothers spent time in jail, although Brian Mickelberg appealed against his conviction and was released after nine months. After numerous appeals, the two surviving brothers had their convictions overturned in 2004. Ray, Peter and Brian's estate later launched a bid to sue the State Government and seven police officers over their convictions.

In the WA Supreme Court today Justice David Newnes struck out their claim against the state government 'as disclosing no reasonable cause of action'. The brothers' lawyers were given leave to submit a minute containing a new statement of claim.

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