TORONTO – Now that Luka Magnotta has decided not to fight this extradition the process could become very quick, according to Eric Sutton, a Montreal criminal defence attorney.
According to German police, Luka Rocco Magnotta has indicated he will not fight extradition back to Canada, where he faces accusations of first-degree murder charges in the killing and dismemberment of a Chinese student in Montreal.
While the date of Magnotta’s return to Canada is still unknown due to a treaty arrangement between the two countries that requires the German authorities to follow due process, it could be sooner rather than later.
Under usual circumstances, a case brief would have been prepared through the Canadian Department of Justice outlining the nature of the charges that he is facing, what the potential penalties are, what the allegations are and what type of evidence they have. But now there won’t be one.
“There will be no case brief, said Sutton on Tuesday. “He merely has to confirm his intentions, in writing, to the court after which the Minister of Justice of Germany would formally order extradition to Canada. The process of conveyance to Canada would then begin.”
Sutton says Magnotta’s extradition could could still take several weeks. Arrangements would have to be made for secure travel, with RCMP escort.
Martin Steltner of the German prosecutor’s office told Global News on Tuesday that they could not give a timeline of how much time Magnotta’s return to Canada will take.
Magnotta's case was being handled by a special unit within the prosecutor's officer that deals exclusively with extraditions, Steltner said. Steltner said the police will also have to determine whether Magnotta committed any crimes in Germany, which could slow down the extradition process.
© Global News. A division of Shaw Media Inc., 2012.