TWO passengers in a car which killed a Cypriot moped rider have failed in a bid to overturn European arrest warrants.

But an appeal to a higher court will be lodged within a week on behalf of cousins Luke Atkinson and Michael Binnington.

The pair were back seat passengers when a car driven by their uncle Julian Harrington was in collision with a moped, killing pillion passenger Christos Papiris, 17.

The incident happened in Protaras, Cyprus, in August 2006.

On Monday January 26 Mr Atkinson, from the Witham area and Mr Binnington, who lives near Maldon, were at City of Westminster Magistrates’ Court where District Judge Quentin Purdy ordered their extradition.

The cousins’ solicitor Karen Todner confirmed an appeal will be lodged to contest the ruling.

After the hearing she said: “We are disappointed but it was expected.”

She added Mr Atkinson and Mr Binnington were “anxious and frustrated” that the fight against extradition was still ongoing.

The families are remaining positive ahead of what will be a seventh trip to court in London - likely to be in April or May - at the High Court The cousins were initially acquitted of manslaughter and grievous bodily harm but a year ago tomorrow, Thursday January 29, Mr Atkinson and Mr Binnington, both in their mid 20s, had their acquittals overturned.

The Attorney General of Cyprus appealed against the cousins being cleared of blame and they were sentenced in their absence to three years in jail last April.

They tried to fight the extradition on the grounds that they were not at the appeal and did not call witnesses or have witnesses called against them and there was subsequently a breach of their right to a fair trial.

Mr Purdy said: “Failure to provide such a trial process is fatal to extradition as section 21 of the Extradition Act 2003 requires this court to be satisfied any extradition would be “compatible” with Convention rights”

But he added: “There simply has been none,” in relation to a breach of the cousins’ right to a fair trial according to the Human Rights Act 1998.

Essex Euro MP Richard Howitt was represented in court and he backed the decision to go to the High Court.

He said: "This is a highly exceptional case in which Michael and Luke were convicted for causing a road accident when they were in the back seat of a car, in a trial which took place without them ever being present.

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