THERE is still hope for two cousins who are continuing their fight against extradition to Cyprus over the death of a moped rider.

Luke Atkinson, of Witham, and Michael Binnington, who lives near Maldon, had feared they would be sent to the island to serve three-year jail sentences for a crime they deny committing.

But the latest hearing at City of Westminster Magistrates' Court, on Tuesday January 7, was adjourned after district judge Quentin Purdy, reserved judgement on the case until January 26.

After the hearing, their solicitor Karen Todner said: "If we are not successful we will definitely appeal and we are more positive about a decision at the High Court.

"I was not particularly hopeful about the hearing but it went better than I thought it was going to, so we are more positive."

Mr Atkinson and Mr Binnington’s ordeal began while on a family holiday in Cyprus in August 2006.

They were in a car driven by their uncle Julian Harrington, when it was in collision with a moped, killing rider Christos Papiris, 17.

Mr Harrington, of Witham, is serving a 15-year jail term after admitting manslaughter and causing grievous bodily harm, but says the incident was a tragic accident.

His nephews were remanded in custody for six months before being acquitted of the same charges.

But their acquittals were overturned, without prospect of a retrial, last February, when the prosecution appealed and they were sentenced in their absence in April.

Averil Atkinson, Mr Atkinson's mother, described their year-long battle against extradition as being "like the boys were already serving a sentence".

At yesterday's hearing, their barrister Alun Jones QC argued against Mr Purdy’s original ruling in September that the appeal hearings in Cyprus were a trial.

He said it did not comply with the Human Rights Act (HRA) and it was "absurd" to call it a trial.

Mr Jones referred to a statement on the Cyprus Supreme Court’s website, which stated witnesses would have to be called for a fair trial to take place.

But Peter Caldwell, prosecuting, said Mr Jones could not point to a "specific" breach of the HRA, "let alone a flagrant breach".

Summing up the case, Mr Purdy said he appreciated the case had gone on for sometime but he could not make an immediate decision as he wanted to consider all the representations.

Richard Howitt, Labour MEP, said after the hearing: "The decision means that this two and a half year ordeal is prolonged even further and we must carry on our support for the boys and their families during this agonising wait."