TWO passengers in a car which killed a teenager abroad are no nearer to knowing their fate after appealing against extradition.

Luke Atkinson, of Witham and Michael Binnington, previously of Maldon, appeared before City of Westminster Magistrates’ Court last week to hear the ruling of an appeal against being extradited to Cyprus to serve a three year jail sentence.

The cousins were in court last Friday, September 5, and, after an adjournment, the case will go before the court again on September 19 when another hearing date will be set.

Averil Atkinson, Mr Atkinson’s mother, said the setback was a “definite disappointment.”

She said: “I think it’s going to go on and on.

“I think people are disappointed as they ask me what the latest is and what will happen but I don’t know.”

Maxine Harrington, Mr Binnington’s mother, said last week’s court date was disappointing but she is still upbeat.

“I am still confident because the solicitors are still confident and we are putting our faith in them,” she said.

On August 18, 2006, the cousins were in a car driven by their uncle, Julian Harrington, on the island when it collided with a moped, killing rider Christos Papiris, 17.

Mr Atkinson and Mr Binnington were cleared of blame over the death but this was overturned in January after the prosecution appealed and they were sentenced in their absence in April.

European arrest warrants for the cousins were issued by the Supreme Court in Cyprus on May 9.

Mr Harrington, of Witham, is serving a 15-year jail term after admitting manslaughter and causing grievous bodily harm.

His nephews’ hearing came down to whether the pair were deliberately absent from the appeal in Cyprus and if they were properly summonsed or made aware of its importance.

District Judge Quentin Purdy said: “I cannot accept, given the nature and extent of their lawyers’ activity before the Supreme Court, that they did not in truth know and appreciate that which was going on and the possible consequence.”

The Supreme Court hearing was deemed a trial as Mr Atkinson and Mr Binnington were represented by lawyers.

Both men are on bail and it must now be decided whether the ‘trial’ in Cyprus was fair and complied with the Human Rights Act.

Richard Howitt, Labour MEP who was represented in court, said: "The real issue for me is that this wasn't a fair trial.

“Indeed, it is hard to accept that the boys could have a fair trial when they were not even present.

"It is right that the boys use every legal avenue available to challenge what we believe is an unjust conviction.

"The hearing was a huge disappointment for Michael, Luke and their families and the fact that the ordeal continues, casts a further shadow over their lives."