Australian fugitive, James Dalamangas is fighting to avoid extradition back to Australia, where he is wanted over the alleged murder of George Giannopoulous. The 55-year-old had been in hiding since 1999, until he was arrested earlier this week in Greece. A legal process is underway to determine is he can return back to Australia.
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TRANSCRIPT
After decades in hiding, Australian fugitive James Dalamangas has fronted court in Patras in Western Greece.
Greek authorities allege Mr Dalamangas had been living under a false identity at an off-the-grid property until he was arrested this week.
He is wanted by Australian authorities over the death of George Giannopoulous, a father-of-two who was fatally stabbed while breaking up a fight at the Pariziana nightclub in Belmore in Sydney's south-west in 1999.
Speaking outside the court, Mr Dalamangas' lawyer, Nikos Apostolopoulos, says his client's Greek citizenship, and the length of time since the alleged offence, means extradition to Australia should not proceed.
"Mr Dalamangas is protected as a Greek Citizen by the laws of the Greek State. The offence has been statute-barred. Therefore, the claim is that its publication is not permitted under any circumstances."
Under Greek law, the statute of limitations for prosecution is 25 years.
Solicitor Peter Sarlas, who is licensed to practice law in both Australia and Greece, says its unlikely, for this reason, that Mr Dalamangas will ever be prosecuted for murder in either country.
"I believe that they don't have an option but to dismiss and release him. But even in the case of the decision serving differently, they have the right to appeal."
Mr Sarlas says while Greece and Australia do share a 1991 extradition treaty, in this case, it will likely have no impact.
"I can see that there's an exception that says that when the person who's extradition is requested, but according to either conducting state has become immune because of lapse of time, they still cannot be extradited."
But, he says Greek authorities are also alleging Mr Dalamangas had been living under a false identity, which could result in a separate trial.
"It is an offense that took place in Greece, so only the Greek law is applicable in this case. If he had a Greek ID, a forged Greek ID or forged passport, I'm not sure what he had, but in the case he's done something like this, in that case, yes. But of course the nature of this crime is not the same, like murder."
In a statement to SBS Greek, Mr Giannopoulos's sister, Spyridoula Giannopoulos says she's still hopeful there will be accountability for her brother's death.
"While today's arrest cannot undo the pain our family has endured since George Giannopoulos was taken from us in Sydney in 1999 It provides hope that justice may finally be within reach. We hope that the Australian and Greek governments will work together to ensure that James Dalamangas is returned to Australia to face the Australian judicial system."
She has thanked both Greek and Australian police for their enduring efforts.
"Our family would like to express our sincere gratitude to the Greek authorities, and the Hellenic police for their unwavering efforts over the past 27 years in pursuing this matter. We'd also wish to thank the Australian Federal Police, the New South Wales police force for never giving up on George's case, despite the passage of time. They continue to work tirelessly behind the scenes in pursuit of justice."
Outside the court in Patras, James Dalamangas broke his decades-long public silence to draw attention to a separate issue.
In 1998, just a year before Mr Giannopoulos was killed, James Dalamangas fronted media calling for justice after his brother Peter died after being restrained by security guards at a Sydney casino.
Here's him speaking at the time:
"I want to see results, I want to see justice I want to see the truth I don't want to see no cover-up all we want is truth and justice"
Nearly 28 years later, Mr Dalamangas alleges a police officer was responsible for his brother's death.
As he left the court, he reportedly told local media:
"Let the world know the truth. They murdered my brother in 1998 at the casino, where Peter Dalamangas 23 years old, was murdered."
No evidence has been presented to support this claim.
A New South Wales Police spokesperson has said the force has been encouraged by Dalamangas' arrest, and that Australian authorities are continuing to engage with their counterparts in Greece.
A decision about extradition will now be determined by Greece's Council of Appeals, according to his lawyer.
Mr Dalamangas is due to appear again in court later this week.
