RUSSIA - Dec 23 - Judge Refuses To Extradite Former Oil Chief.

A judge rules out saying a former senior executive of Yukos, the shattered oil company, cannot be extradited to Russia because the case is politically motivated and he will not receive a fair trial. Alexander Temerko, a close ally and in effect deputy to Mikhail Khodorkovsky, the jailed founder of Yukos, can now remain in England. The government of the Russian Federation had sought to extradite Temerko, who was senior vice-president at Yukos, to face allegations of defrauding the state oil company and perverting the course of justice. Lawyers for the Russian government argued that the case was not related to the prosecution of Khodorkovsky, who is serving an eight-year sentence on tax and fraud charges. The authorities forced the break-up of Yukos with a $27bn back-tax claim. Khodorkovsky's prosecution was seen by many as a Kremlin vendetta after he funded opposition parties in 2003. But at Bow Street magistrates' court, district Judge Timothy Workman said: I have come to the conclusion that the motivation for the charges against Temerko are inextricably entwined with the motivation for the prosecution of Khodorkovsky. I therefore find that the prosecution of Temerko is politically motivated and the request for his extradition is made for the purpose of prosecuting or punishing him on account of his political opinions." Temerko, who was elected to the board of directors of Yukos Moscow in October 2003 after Khodorkovsky's arrest, was charged with conspiring to defraud the state-owned Rosneft oil company of its shares in a third company, Yeniseineftegaz. A second count alleged that he conspired to pervert the course of justice by providing false evidence about the allegations. He fled to London shortly after he was questioned by Russian officials in October 2004. Temerko, 39, said through an interpreter: I am very grateful to the British courts for this fair judgement. In contrast to the way Russia treats its defendants there was in my case fair and free debate and argument for the accusers and defendant". In reaching the conclusion that Temerko would not receive a fair trial, Workman noted evidence of "harassment and intimidation" against some of the defence lawyers involved in Yukos-related cases in Russia. He said: Of 19 individuals, 12 have been subject to application for disbarment. Five have been subjected to searches, two assaulted, one detained in custody and two forced to leave Russia". The English courts had already ruled that other Yukos employees should not be returned to Russia for similar reasons.