Christopher Tappin admits arranging shipment of batteries but says he had no idea intended destination was Iran
A retired British businessman who faces extradition to the US for allegedly plotting to export missile components to Iran is the victim of entrapment by unscrupulous American customs agents, the court of appeal has been told.
Christopher Tappin, 64, from Orpington, south-east London, could receive a prison sentence of up to 35 years if convicted of charges that he assisted in the planned export to Iran of a type of battery used in US-made Hawk surface-to-air missiles.
He admits arranging the shipment of the batteries from the US to the Netherlands in 2006, a deal he said made him a profit of $500, but insists he had no idea as to their final destination and was the victim of a sting.
A hearing in February at Westminster magistrates court ordered that Tappin be extradited. The decision was upheld by the home secretary, Theresa May, two months later.
Tappin's supporters liken his case to that of Gary McKinnon, the alleged computer hacker whose long battle against extradition has highlighted what some, including many MPs, believe are fundamental imbalances in the extradition treaty between the UK and US.
A more recent similar case involves a Sheffield student, Richard O'Dwyer, who ran a website linking to pirated TV and film files. The US Immigration and Customs Enforcement (ICE) service is seeking his extradition even though his website had no links to America and he is not believed to have done anything that would be an offence in Britain.
Tappin's barrister, Edward Fitzgerald QC, told the appeal court that the businessman had been set up by ICE agents who established a fake company, Mercury Global Enterprises, to "ensnare unsuspecting importers such as Mr Tappin".
The agents told Tappin they would obtain the export licenses necessary for the batteries, Fitzgerald said. When Tappin raised concerns about this, one of the agents told him "this would not be a problem". The British businessman was also sent paperwork by the agents saying that no licence was needed.
Fitzgerald said: "Ultimately the US agents were deceitful and they told lies in order to attempt to ensnare and entrap a respected British businessman."
Tappin, who is president of the Kent golf club union, is appealing against the extradition decision on a series of grounds in addition to the alleged entrapment. His lawyers dispute whether the alleged offence merits extradition and argue that too much time has passed since 2006 to guarantee a fair trial.
They are also challenging the decision on human rights grounds, and say Tappin is the primary carer for his wife, who has a rare and debilitating auto-immune condition, Churg-Strauss syndrome.
Before the hearing, Tappin said he hoped the appeal court would "acknowledge the outrageous conduct of the US agents and rule that my extradition is plain wrong".
He said: "My case again exposes our extradition laws as hopelessly ineffective in preventing an extradition order based on flawed evidence. I dread to think how many more British citizens have to go through this hellish ordeal before the government rightly strengthens the law."
A decision is expected next year.
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Source: http://www.guardian.co.uk/law/2011/dec/20/missile-parts-entrapment-extradition-appeal
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