While the acting director of public prosecutions in the Western Cape contended that the challenge was"moot" – Spagni had after all agreed to be extradited - Spagni argued the court should still decide the case.
The SCA ruled this week that, in light of the fact that Spagni was legally represented when he waived his rights to an extradition hearing in the US, he could not now challenge the validity of the extradition request. "It found that the appellant had failed to make out a case for this court to determine the validity of his extradition process as that would have no practical effect," the court said in a summary of its ruling."The appeal was thus dismissed on mootness alone."We live in a world where facts and fiction get blurred
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