A FUGITIVE businessman who fled to Scotland after killing a man in Taiwan is facing a fresh bid to have him extradited and imprisoned on the island.
Zain Dean was sentenced to four years in jail for killing a newspaper vendor in a hit-and-run seven years ago but left the country using a friend’s passport and make-up to disguise himself.
He was arrested in Scotland in 2013 after moving to Edinburgh and changing his name to Callum Rafael Scott.
Last year the 45-year-old was told he would be spared extradition, amid fears ‘special treatment’ in jail would make him a target for other prisoners.
Dean won a landmark human rights challenge to stay in the UK after his legal team argued that he would be at risk of attack.
But it has now emerged Scotland’s top law officer has successfully appealed the ruling at the Supreme Court in London and the case will have to be returned to Edinburgh.
The Lord Advocate argued appeal judges had wrongly ruled Dean would face dangers from fellow inmates in prison and asked for the ruling to be dismissed.
Dean had argued the Lord Advocate did not have the right to appeal to the Supreme Court but that argument was also rejected.
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Supreme Court judge Lord Hodge said: “I am therefore satisfied that the assurances of the Taiwanese authorities offer Mr Dean reasonable protection against violence by non-state actors and that the circumstances of his confinement, should he be unable to mix with the wider prison population, do not entail a real risk of his being subject to treatment that infringes article 3 of the Convention.”
Dean was jailed after knocking a paperboy off his scooter as he rode through the Taiwanese capital, Taipei, in 2010.
The country’s Supreme Court jailed him for four years for drink driving and negligent manslaughter.
The Taiwanese authorities said Dean, who is of Asian origin, used make-up to give himself the appearance of a white man which allowed him to leave the country.
Two people were later arrested and jailed for helping him flee.
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Dean settled in Edinburgh and lived there for over a year before he was arrested in October 2013.
Scottish detectives arrested him after British authorities conducted high-level negotiations with their Taiwanese counterparts.
It was the first time in Taiwan’s history that it had attempted to extradite someone to its state and the deal negotiated applied only to Dean.
Taiwanese authorities have said Dean would serve around 13 months in prison as they would take into account time he has served behind bars in the UK as he battles his case.
Dean is said to insist he is innocent of the drink-driving offence and claims he paid a nightclub employee to drive him home.
Authorities on the island agreed to put special measures in place to address his concerns, but his lawyers said these would single him out.
Judges Lady Paton and Lady Clark of Calton backed Dean’s claims last year and ruled Taiwanese prison conditions would violate his human rights.
Issuing their ruling, the Supreme Court stated: “The Supreme Court unanimously rejects the challenge to the competency of the appeal and allows the Lord Advocate’s appeal on the devolution issue.
“The Court remits the case to the Appeal Court to deal with the respondent’s appeal against the extradition order of the Scottish Ministers and his devolution minute in that appeal.”
A Crown Office spokesman said: “It would not be appropriate for the Crown to comment while proceedings are ongoing.”