Wrangling over legal technicalities

Feb 21, 2010 Letters

Dear Editor,
The U.S. Government had requested the arrest and extradition of Barry Dataram about a year ago. At the time the Guyana and U.S. governments did not have extradition treaties and enabling laws to provide for mutual extraditions.
A year ago Guyana’s most celebrated lawyers, Vic Puran and Glenn Hanoman, who took advantage of the inadequacy of the laws, entertained us with their legal skills as they set up and played out the plot of the lower courts vs. the High Court.
Today all the appropriate laws are in place to handle this extraordinary extradition case.
A year ago, Barry Dataram was let go – so ordered by the High Court. He promptly went missing. Now he has been caught and rearrested. He is in custody.
What is the legal basis for the arrest demanded Vic Puran. Well, apparently, there is none.
The extradition request from the U.S. predates the ratification of the treaty and passage of laws in the parliament – another legal technicality.
The Guyana Police applies to the Courts for the issuance of a “provisional warrant”.
‘But you have already arrested the man’, argues Puran. This is illegal you must obtain the warrant prior to effecting the arrest.
Puran further bamboozles and intimidates Magistrate Robertson not to issue the warrant. Apparently the lower courts have no jurisdiction in extradition matters.
‘But this matter in the lower courts has nothing to do with the extradition per se, only with covering for and/or effecting the arrest’, argues a most able lawyer Anil Nandlall, for the Police.
Magistrate Robertson meanwhile, buys time – and continues to postpone the case.
Meanwhile, Puran jumps to the High Court (sounds familiar?) where Justice George demands the basis for Dataram’s arrest.
And, Puran further tries to hoodwink the courts about Justice Jainarayan’s ruling from a year ago – a ruling that ordered the release of Dataram. A case of “double jeopardy” – a citizen cannot be tried twice for the same offence.
Can a legal technicality, namely, effecting an arrest before the warrant for the arrest was obtained, or on the basis of an old (legally obsolete?) extradition request – lead to Dataram’s walking again?
The answer is yes. Cases are won or lost on the basis of legal technicalities all the time. The solution: release Dataram. Keep him under surveillance. Re-arrest and detain him if he tries to escape. Apply for the warrant.
After the warrant is obtained, Go to the High Court and obtain a Judge’s order to effect the extradition.
To let Dataram walk again – when all the extradition treaty and laws are in place – would be to make a mockery of our Courts and render our system of justice impotent.
And, it would only raise the celebrity status of Vic Puran and Glenn Hanoman to the high heavens of greatness or notoriety.
Mike Persaud

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Wrangling over legal technicalities

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