US fugitive claims he's victim of elaborate conspiracy and corruption in extradition appeal

Nicholas Rossi warned by Senior Judges that "scurrilous allegations" would not help his case.

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Author: Jack FosterPublished 7th Dec 2023
Last updated 8th Dec 2023

Wanted US fugitive Nicholas Rossi appeared before Lord Malcolm, Lady Dorrian and Lord Armstrong, at the Court of Session in Edinburgh. He’s appealing a decision by Sheriff McFadyen earlier in the year, meaning he can be extradited to face a string of charges in the United States. Accusations include rape, sexual assault and fraud.

In what is highly likely to be Rossi's last opportunity to go before a Court that's not in Utah, the 36 year old attempted to return to arguments over his identity, despite the decision of a court in Edinburgh last year. He maintains he is a victim of mistaken identity, an innocent man from Dublin named Arthur Knight who’s never set foot in the US. However, it was ruled that he is in fact Nicholas Rossi, and that his matching tattoos, fingerprints and facial features were not - as he claimed - the result of a conspiracy to frame him.

Lady Dorrian made it clear early on in this appeal hearing, that Rossi was not to attempt reopening questions over his identity, and was forced to rein in the Appellant on a number of occasions, as he strayed from the “substantive issue”.

Scottish ministers signed an order in September giving permission for him to be extradited to the US to face charges, following a lengthy extradition case in the Scottish courts.

Building of court of session in Edinburgh Scotland

Representing himself, Rossi moved a number of preliminary motions, including one calling for an extension to his appeal period to allow him more time to lead new evidence. He also moved to be granted bail, and to have the court impose restrictions on the media reporting of his case. All of these motions were denied.

"Earlier in the year, a court heard that Mr Rossi had been seen kicking open a door at Saughton Prison."

Through his breathless speech, it was at times difficult to make out exactly what he was saying - but the crux of his argument was that his legal representation throughout his extradition hearing at Edinburgh sheriff court in the summer was flawed.

There he was represented by Mungo Bovey KC, the most recent in a string of legal teams, sacked by mr Rossi throughout this saga.

Now representing himself, he accused Crown prosecutors of acting "unlawfully and in a corrupt manner", accusing them of “coaching” witnesses - including medical experts - to dismiss his apparent disability, which he maintains restricts him to a wheelchair. Earlier in the year, a court heard that Mr Rossi had been seen kicking open a door at Saughton Prison.

Rossi also proceeded to unravel a bizarre and sordid theory to discredit the former Utah State Prosecutor in Utah, David Leavitt, levelling a number of surreal accusations including an elaborate conspiracy against Rossi, seemingly going right to the top of the Mormon church.

Judge Lady Dorian warned Rossi that publicly airing “scurrilous allegations” were “not likely to assist his case”, stressing that he should focus his arguments around the decision made by Sheriff McFadyen, but conceded - visibly frustrated - that she couldn’t compel him.

A decision on Mr Rossi’s appeal is expected in writing, “in due course”.