Rape suspect accused of faking own death can be extradited to US, Scottish court rules

Jul 01, 2023

Nicholas Rossi, who claims mistaken identity, wanted by Utah authorities for allegedly raping woman in 2008

A rape suspect accused of faking his own death to avoid prosecution can be extradited from the UK to the US to face charges, a Scottish court has ruled.

Nicholas Rossi, 35, is wanted by authorities in Utah for allegedly raping a woman in 2008. He also faces multiple complaints against him in Rhode Island for alleged domestic violence.

Sheriff Norman McFadyen ruled at Edinburgh sheriff court on Wednesday that there was no impediment to Rossi being extradited. McFadyen’s ruling will now be considered by Scottish ministers.Rossi says this is a case of mistaken identity and that he is an Irish orphan called Arthur Knight, but a court ruled last November that he is Rossi.

Rossi appeared at the court on Wednesday by video link after saying he was unwell. He was bent over at the waist, dressed in a green jumper and did not show his face. When asked if he was Rossi, he did not answer.

His lawyer, Mungo Bovey KC, attempted to delay proceedings and asked for Rossi to be excused. McFadyen suggested Rossi had attended court by video link voluntarily, but in an angry outburst Rossi said he had been brought before the camera by “physical force” and called the sheriff “a disgrace to justice”.

Wednesday’s hearing was adjourned from 12 July after delays in court proceedings because of problems with transport from HMP Edinburgh as well as interruptions by Rossi, who attempted to dismiss his counsel on two occasions.

During a hearing in June, Bovey attempted to have the case discharged as his client was wanted for questioning about an alleged rape in England. He also argued that Rossi was not brought before a sheriff within an appropriate amount of time and that he did not receive a crucial document from the National Crime Agency when he was arrested in December 2021. All of these applications were turned down by the sheriff.

Attempts were also made to allow more time for Rossi’s mental health to be assessed, but medical witnesses, the psychiatrists Dr Kunal Choudhary and Dr Angela Cogan, and Dr Barbara Mundweil, Rossi’s GP at HMP Edinburgh, said he showed no signs of acute mental illness. Speaking about Rossi’s general health, Mundweil told the court she had “no major concerns”.

Giving evidence in his defence, Rossi said he was unable to raise his arms above his head because he was too unwell. He said the reason he used a wheelchair was because the muscles in his legs had been so badly atrophied that he was unable to walk or support himself. He also said he had considered going to the US to prove he was not Rossi.

A fellow prisoner, William King, gave evidence to court in which he said Rossi was treated “abysmally” at HMP Edinburgh.

In closing speeches, Bovey said extradition to the US would be a “flagrant breach” of Rossi’s human rights. But the advocate depute Alan Cameron said there was no evidence that Rossi suffered any condition that would be a barrier to his extradition.

Previously, Rossi had arrived at court in a wheelchair and with an oxygen tank and mask. Asked by Cameron about his wheelchair use, Mundweil said there was no reason for Rossi to be using an electric wheelchair and that his legs were “strong and athletic”.

The GP also told the court she saw a video appearing to show Rossi kicking open a door and kicking a prison officer in the face, despite using a manual wheelchair in prison.

Rossi was arrested at the Queen Elizabeth university hospital on 13 December 2021 after being traced by Police Scotland. He was served an Interpol red notice, and a National Crime Agency certificate, a document Rossi says he never received, while he was in hospital in December 2021.

Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the UK, Rape Crisis offers support on 0808 500 2222 in England and Wales, 0808 801 0302 in Scotland, or 0800 0246 991 in Northern Ireland. In the US, Rainn offers support on 800-656-4673. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html