A FORMER Scots Guardsman facing extradition to Portugal for a crime he was acquitted of 17 years ago has claimed his life has been "turned upside-down".
Graham Mitchell, 49, originally from Paisley, has been re-arrested on a European arrest warrant for the attempted murder of a German tourist in the Algarve in 1994.
Mr Mitchell and his friend Warren Tozer were on holiday when they were originally arrested over an alleged assault on Andre Jorling, who was left paralysed from the waist down after falling off a 12ft sea wall.
They were held in prison in Portugal, but following a high-profile trial were cleared in 1995 and allowed to return to the UK.
The freelance photographer, who is married with two children, speaking yesterday for the first time since he was re-arrested told of his fear over the new proceedings.
He said: "We are terrified, I'm terrified, my wife's terrified. Our life's been turned upside-down and inside-out.
"Nothing's the same. Every waking moment is a constant worry.
"It's getting back to like when it was when I first came back from Portugal. It's hell on earth."
Mr Mitchell added that he believes there has been an "administrative blunder" after police told him the Portuguese authorities had requested his extradition for "first degree murder".
He claimed Mr Jorling, who was 26 at the time, is still alive and other paperwork refers to "attempted murder".
The ex-soldier, who was treated for post-traumatic stress disorder following his prison ordeal, said he had re-built his life and was very happy until the knock at his door from police earlier this month.
He was arrested by British police on March 6 and held overnight in Wandsworth Prison, south London, before being released on bail under the condition he provides a £5000 surety and reports to police daily.
Mr Mitchell, who now lives in Kent, has already appeared at Westminster Magistrates' Court and has another court hearing next week.
Tory MP Dominic Raab, a member of the Joint Committee on Human Rights, said: "This is a double jeopardy case years after the crime and they can't even get the charge right. How can you be accused of murder when the victim is still alive?"
He said there was a "whole range of problems" with the European arrest warrant and safeguards were needed. He added: "The fundamental problem is there is an assumption all European justice systems are the same.
"There are many justice systems across Europe that are either frankly corrupt or incompetent, and therefore buying into that assumption is not only a sham but we are hanging out our citizens to dry on a flawed premise."
Jago Russell, chief executive of Fair Trials International, which is helping Mr Mitchell, claimed the extradition request was baffling.
He said: "There's a huge unanswered question, which is why this warrant has been issued when a trial on these charges has already taken place and came to an end and was thrown out?
"Graham thought he had left his ordeal in Portugal in the past, but nearly 20 years later faces the threat of extradition. We hope Portugal realises it would be wrong to extradite Graham so many years after he was cleared, and they withdraw the request.
"We fear that if they do not, there may be little chance of stopping the extradition under the UK's flawed extradition laws."
It is understood there has been no further contact between the Portuguese authorities and Mr Tozer.
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