Latest update February 5th, 2025 11:03 AM
Mar 27, 2018 News
The extradition proceeding for Troy Anthony Thomas, who is wanted in the United States for murder, took a turn yesterday after his battery of lawyers argued that the Magistrates’ Court has no jurisdiction to hear such a case. This was the argument made by Attorneys-at-law Nigel Hughes, Bernard DaSilva and Darren Wade, who all made oral submissions before acting Chief Magistrate Sherdel Isaacs-Marcus yesterday.
Attorney-at-law Stacy Goodings is representing the Government of United States.
Hughes’ contention is that his client’s rights will be infringed upon if the extradition proceeding is heard in the lower court. As such, the lawyer indicated that he will be moving to the High Court, where he said, the hearing will be fully “ventilated and addressed”. The lawyer said that the Magistrate is sitting without power when such matters cannot be dealt with in the Magistrates’ Courts.
Similar contentions were echoed by DaSilva, who disclosed that the 1993 Extradition Treaty made between the UK and USA, to which Guyana succeeded on its attainment of independent status in 1966, contains no provision of the Fugitive Offender Act 1998.
The lawyer stressed that the treaty must contain provision for securing that a fugitive offender, once extradited to the requesting state, in this case the USA, will not be extradited to a third country without the consent of the Minister of the requested state—in this case Guyana.
DaSilva further stressed that there is no provision, either expressly or impliedly, in relation to this provision. The absence of this provision, he added, renders the Minister powerless. He added that the Minister has no authority to give directions to proceed with the extradition hearing as in this case.
“The absence of this provision in the said treaty means that, Guyana would have no jurisdiction to extradite or detained any person for the purpose of extradition to the USA. By natural consequences therefore, the direction of the Magistrate is a nullity and the continued detention of the prisoner is unlawful,” the battery of lawyers argued.
Attorney-at-law Stacy Goodings, who is representing the U.S. Government, told the court that she will examine the submissions made on behalf of the fugitive as it relates to the incorporation of the treaties and how they are to achieve their binding forces.
This matter comes up again on April 11, in the Providence Magistrate’s Courts.
Thomas, who told police he had been living in Guyana for some eight years, was held on March 14, after police swooped down on a house at Liliendaal, Greater Georgetown.
Police say that Thomas, who resided overseas at 32nd Street, South Ozone Park, Queens, New York, U.S.A, fled to Guyana after allegedly gunning down another Guyanese, 20-year-old Keith Frank, in Queens, New York, seven years ago.
It was disclosed that the operation to apprehend Thomas had started since January.
Thomas reportedly fled to Guyana shortly after an arrest warrant was issued for him in the U.S. for the murder of Frank, who was slain on December 11, 2011.
Frank succumbed to a bullet wound to the torso, allegedly during a confrontation with Thomas and others.
The victim, whose daughter was eight months old at the time, died two months before he would have celebrated his twenty-first birthday. He had reportedly been living in the U.S. since he was 12.
Reports in U.S. media stated that the killing occurred outside a South Richmond Hill party.
Frank’s mother, Carol Kyte, was quoted as saying that her son was attending a birthday party near 132nd Street and 109th Avenue and ran into some other men with whom he had an ongoing dispute.
It is alleged that a group of other Guyanese men were at odds with one of Frank’s friends over sophomoric quibbles like break-dancing or the attention of girls in the neighbourhood.
During his first court appearance, Thomas denied ever being charged in the U.S for murder.
On that occasion, Gooding had opposed bail being granted to Thomas, after citing the serious nature of the offence and the fact that he poses a risk of flight.
The lawyer also disclosed that there are no records at the Central Immigration Office to support that Thomas had entered Guyana.
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