Oil tycoon John Deuss wants the Privy Council in London to rule on whether a warrant for his arrest was issued unlawfully by a Magistrate in Bermuda in 2006.

The Dutch multi-millionaire's British QC Clare Montgomery sought leave in the Court of Appeal yesterday to apply to have the matter heard in the highest court for the Island.

Mr. Deuss' claim that Magistrate Khamisi Tokunbo was wrong to issue the provisional warrant has previously been rejected by the Supreme Court and the Court of Appeal.

But Jai Paichai, his lawyer in Bermuda, told The Royal Gazette earlier this year that Mr. Deuss was determined to prove his case on a "point of principle".

Mr. Deuss, who has a home in Tucker's Town and an office in Flatts, was seized by detectives at the property where he normally houses the pilots who fly his private jets in October 2006 before being voluntarily extradited to the Netherlands.

Investigators there wanted to question him about his alleged involvement in a sophisticated tax swindle known as carousel fraud. He has always denied any wrongdoing and has never been charged with an offence in connection with the inquiry.

Yesterday, Miss Montgomery sought leave to appeal to the Privy Council on the issue of whether or not an extradition treaty exists between the Netherlands and the British Overseas Territories.

Huw Shepheard, for the Attorney General and Commissioner of Police, and Cindy Clarke, for the Director of Public Prosecutions, did not object to the application.

Court of Appeal President Edward Zacca said leave to apply would be granted provided certain conditions were met, including payment of $12,000 in costs for the Privy Council application within three months.

An order for costs for the previous Court of Appeal hearing was yesterday granted in favour of the Crown.