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Bail battle looms as defence questions identity in Romanian extradition case

Murray Swart|Published

Stanislav Stamenov attempted to shield his face with a jacket during proceedings at the Wynberg Magistrate’s Court.

Image: Armand Hough/ Independent Newspapers

A potential bail battle is looming in the case of a Bulgarian national wanted by Romanian authorities after new legal arguments delayed a ruling in the Wynberg Magistrate’s Court on Wednesday.

Stanislav Stamenov, 41, who was arrested in Cape Town last week, appeared in court for the second day as the magistrate was expected to rule on submissions by his defence challenging the legality of his arrest.

However, prominent Cape Town criminal defence attorney William Booth introduced additional arguments questioning whether the man appearing in court is the same person sought by Romanian authorities.

National Prosecuting Authority regional spokesperson Eric Ntabazalila said the defence raised concerns about variations in the spelling of the surname in different court documents linked to the extradition request.

“Today was the second day where the magistrate was supposed to make a ruling on the submissions that were made by the defence on Monday, but the defence made more submissions where Mr Booth sort of introduced questions around the identity of the person appearing in court,” Ntabazalila said.

Stanislav Stamenov speaks with defence attorney William Booth ahead of proceedings in the Wynberg Magistrate’s Court.

Image: Armand Hough/ Independent Newspapers

“He read from different court documents and looked at the different spelling of the surname of the person, but what was not doubted was his date of birth as well as his picture, which is what Advocate Margaretha Engelbrecht argued, that the person on the docket was the person who was requested in Romania.”

The matter was postponed to Tuesday for the magistrate to consider the new submissions before delivering a ruling.

Stamenov attempted to shield his face with a jacket throughout the court proceedings after the magistrate granted permission for photographs and video footage to be taken. He briefly acknowledged his wife, seated in the public gallery.

The case has drawn attention after it emerged that Stamenov was working as a personal trainer at a gym in Constantia.

Romanian authorities have indicated that he was sentenced in 2009 to 16 years’ imprisonment in connection with heroin trafficking offences as part of what police described as a large organised criminal group.

Stamenov was arrested on Friday morning at his home by the SAPS National Intervention Unit after being listed on an Interpol red notice, a request circulated to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition.

Booth earlier argued that the arrest did not comply with the procedures required under South African extradition law and submitted that no warrant issued in terms of the Extradition Act.

Ntabazalila said the State expects a bail application and will oppose it.

He added that Stamenov needs to serve 16 years in prison following his conviction in Romania.

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