The person sought in an extradition proceeding brought an application for disclosure of records from the Requesting State (United States), including police interviews and polygraph test results, to support a potential abuse of process claim.
He alleged that he had cooperated with US authorities and passed a polygraph test, which was not mentioned in the Record of the Case.
The court dismissed the application, finding that the person sought failed to meet the first stage of the Larosa test because his affidavit did not provide an evidentiary foundation for an agreement or deal with US authorities that would support a stay for abuse of process.
