Child sex offender to be extradited to face new charges

A convicted child sex offender will be extradited back to Wales to face new charges within weeks, the High Court ruled today.

Roger Gardener, who has been on the run for more than six years, will also stand trial for conspiracy to pervert the course of justice and reckless arson.

Gardener, 61, who had an address of Blackwood near Newport, was found guilty by a jury at Cardiff Crown Court in August 2000 of indecently assaulting two young cadets from a St John’s Ambulance group run by his wife Margaret.

The girls were aged 12 and 13 at the time.

The jury also found Gardener, an unemployed lorry driver and former fairground worker, not guilty of two charges of indecent assault against another girl.

It was while he was released on bail awaiting sentencing that Gardener allegedly plotted to set fire to his family home in a bid to gain sympathy from the trial judge and reduce his sentence.

He was later sentenced to just 15 months for the sex attacks after the judge was told about the fire blamed on vigilantes.

He served 12 months in jail and just days before he was due to stand trial for the arson in June 2001 he went on the run.

Two brothers who took part in the mock firebomb attack have since been jailed for their role in the crime.

A European arrest warrant was issued last August and the 61-year-old was arrested in Mill Town, Malbay, Co Clare, on October 4, 2006.

He is currently being detained in Arbour Hill prison.

Mr Justice Michael Peart heard the accused will now be prosecuted for rape and indecent assault, which are alleged to have happened between October 87 and October 89, perverting the course of justice and arson.

Objecting to extradition, Ronan Munro SC argued that the passage of time since the alleged offences could result in the risk of an unfair trial and prejudice his client’s ability to defend himself.

He also raised concerns over the lack of specificity in the charges set out in the warrant, the delay in reporting offences by the complainant, and questioned if publicity surrounding the case at the time would prejudice the respondent’s right to an expeditious trial.

The High Court heard there were no issues raised regarding Gardener’s identity, nor were the charges contested.

Mr Justice Peart did not agree that there was a risk of an unfair trial and said he was satisfied there was no reason to refuse surrender.

“Given the fact that it [reportage] dates back in any event almost four years, a fade factor will already have occurred in order to remove any real risk of unfairness,” he added.

Wearing a burgundy v-neck jumper, checked shirt, jeans and a navy jacket, Gardener was cuffed as he was led from the courtroom.

The judge told the prisoner the extradition order will not take effect for 15 days unless he agrees to it earlier, but added he must then be extradited within 10 days.