An American man charged with the attempted murder of a St Andrews student has been granted a stay of extradition over fears he could commit suicide.
Scottish authorities want to bring Alexander Hilton of Massachusetts back to Fife to face trial for the alleged poisoning of Robert Forbes while the pair were students at St Andrews University in March 2011.
It is alleged Hilton, who was 19 at the time, spiked a bottle of wine with antifreeze and gave it to Mr Forbes before the New Hall Ball at the Fairmont St Andrews.
Last May, a magistrate judge ruled that Hilton should be extradited to Scotland, where there is a warrant out for his arrest for attempted murder.
But his lawyers successfully lodged an emergency motion to keep him in the US while he appeals the extradition order.
Boston attorneys Norman Zalkind and Monica Shah argued there was a “real and substantial risk” that Hilton could commit suicide if detained in the US or surrendered to authorities here.
Hilton, who returned to the US following the alleged incident, was arrested in February last year after a warrant was issued on behalf of the UK.
He was put in a cell at the Donald W Wyatt Detention Center in Rhode Island and subsequently placed on suicide watch after his behaviour caused concern.
The lawyers said in their motion: “If the stay and bail orders are not continued, Mr Hilton may be detained by the government and transferred to Scotland before he files his appeal or while his appeal is pending.
“Mr Hilton’s doctors believe such an action will destabilise Mr Hilton’s precarious mental health condition and lead to a high risk of suicide, particularly in light of the fact that his mother, who is his primary caretaker, is in the midst of treatment for late stage breast cancer and cannot be a source of support for him should he be removed from his home, detained in federal custody, and transferred abroad.”
Hilton argued that a trial by a jury of 15 in Scotland would violate his constitutional rights. However, the decision to grant the stay of extradition hinged on his mental health.
Granting the stay, Massachusetts district judge Timothy S Hillman said: “If the decision is not stayed, the government could send Hilton to Scotland while his appeal is pending.
“There is ample evidence…that Hilton is seriously mentally ill. He receives significant treatment for his mental illness from a team of medical professionals, including intensive psychotherapy and a drug regimen that includes seven psychotropic medications.
“He has improved while under the care of his medical team and family, but several of his doctors have opined that any disruption in treatment would greatly increase the risk of suicide.”
Judge Hillman, who continued Hilton’s bail, imposed the condition that updates on the status of his appeal against extradition be filed every 30 days.
Following the decision, the Crown Office and Procurator Fiscal Service released the same statement issued previously.
The statement read: “The Procurator Fiscal at Cupar has received a report concerning a 20-year-old man in connection with an alleged incident in St Andrews on March 5 2011.
“A warrant has now been issued for his arrest and as proceedings are live and ongoing it would not be appropriate to comment further at this stage.”
Mr Forbes, who is also from the US, spent a week in hospital. He suffered symptoms including loss of vision and was still receiving medical treatment last year.