Red Carnation hotel executive Stanley Tollman, wanted in the US in connection with a $100m bank fraud, was discharged by a judge yesterday preventing his extradition.

The High Court judge released Tollman as he must care for his “seriously ill” wife.

District Judge Tim Workman, having previously discharged the defendant’s wife, Red Carnation founder Mrs Beatrice Tollman said at City of Westminster Magistrates Court :

“I am satisfied that the background to this long marriage is such that only he can provide that care, there being no other family members capable of meeting that need.”

Mr Workman had discharged Mr Tollman,77,on a previous occasion but, after a High Court challenge by the US Government the case was referred back for re-consideration.

In his latest decision Mr Workman said : “The High Court have concluded there will be no injustice in returning Mr Tollman to the United States of America and the sole issue, which has been returned to me, is where there will be oppression to Mr Tollman if Mrs Tollman’s health was endangered were he to be extradited to the USA.

“I have concluded that arrangements proposed by the prosecuting attorney for New York are not open to Mrs Tollman by virtue of the gravity of her illness and because of the legal advice she has been offered to the risk of future prosecution.”

The judge said that there were no apparent alternative arrangements available to care for Mrs Tollman, 73, and the removal of her husband would likely affect her health for the worse.

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