Judge rejects drug charge mum's extradition appeal

Mother-of-six Kerry Anne Howes was taken into custody yesterday after judges rejected her appeal against extradition for allegedly exporting chemicals to make highly addictive crystal meth.

She joins her husband Brian, 47, in prison after judges at the Court of Criminal Appeal in Edinburgh ruled against them in their bid to avoid being sent for trial.

Speaking to the News earlier this week, the 32-year-old, from Bo'ness, made an emotional plea to be allowed to stay with her 16-week-old son Kayden.

"Every morning I think this is going to be my last day with the children and I've been living like this for years now," she said.

Yesterday, as she was led to the cells, she sobbed to friends: "Don't let them forget me."

Lord Reed said that since the case was initially dealt with by a sheriff in 2008 there had been "material developments" that the appeal judges had to take into account in deciding whether sending them to America would be compatible with their rights under Article 8 of the European Convention on Human Rights, governing the right to family life.

The judge said: "First and most importantly, two further children have been born. The fact that she has borne two children and undergone a third pregnancy within such a short period, despite medical advice about the risks to her health, may lead to a suspicion that she and her husband saw this as a way of strengthening their arguments against extradition.

"The conception of children at a time when their parents were at risk of extradition to the United States and possible detention there might in any event be regarded as irresponsible."

The appeal judges said the offences with which they are charged are very serious and that the court had to proceed on the basis that husband and wife were equally accused.

Previous Supreme Court guidance ruled that interference with family life following extradition would be proportionate in all but the most exceptional circumstances. It was warranted because extradition was part of the process for ensuring those reasonably suspected of crime were prosecuted.

The pair now face being sent to America in 28 days, although their lawyers may try to challenge the decision at the Supreme Court in London or in Europe.

American authorities claim that at least 70 laboratories producing methamphetamine were supplied by the Howes.