Latest update December 23rd, 2024 3:40 AM
Extradition proceeding for US murder suspects..State granted more time to file arguments
Principal Magistrate Sherdel Isaacs- Marcus was forced yet again to grant another adjournment in the matter of Troy Anthony Thomas, who is wanted for murder in the United States.
On Friday, when the matter was called in the Providence Magistrates’ Courts the lawyers representing Thomas told the court that Justice Jo-Ann Barlow has granted the State more time to submit arguments in the matter.
The State was granted 14 days to submit arguments but when the matter was called, Solicitor General, Kim Kyte, from the Attorney General Chambers did not submit the arguments. More time was granted to her.
The lawyers – Nigel Hughes, Bernard DaSilva and Darren Wade, filed a fixed date application to have the Magistrates’ Courts barred from hearing the extradition proceedings.
Justice Jo-Ann Barlow is set to rule on the application on May 25.
Troy Anthony Thomas
The lawyers fixed date application stated that a declaration that the United States of America (extradition) order in council 1935 does not form part of the domestic laws of Guyana, hence the declaration that the provisions of the United States of America (extradition) order in council 1935 No. 574 cannot be enforced by a Magistrate.
They added that the provisions of section 8 (3) (3B) (B) of the Fugitive Offenders Act 1988 insofar as it purports to direct a Magistrate, High Court, Full Court and Court of Appeal on the interpretation of the law of a commonwealth county, a treaty territory or a treaty relating to the extradition of fugitive offenders act is unconstitutional.
The lawyers are contending that Magistrate Isaacs-Marcus possesses no authority at law or otherwise to enforce the provisions of the Treaty between the United Kingdom and the United States of America for the mutual extradition of fugitive criminals signed on December 22, 1931.
They added that the provisions are unconstitutional, null and void or have no legal effect.
The lawyers are contending that their client is a citizen of Guyana and he is entitled to the protection of the provision of the Constitution of the Cooperative Republic of Guyana.
They say the provisions of the treaty between the United Kingdom and the United States were never incorporated into the domestic laws of Guyana, and remained at all material times a treaty between sovereign states.
The lawyers also emphasised that there was no provision in the aforesaid Treaty which restricted the requesting state from extraditing a fugitive offender to a third state without the permission of the Minister of Public Security in Guyana.
In the absence of any provision in the treaty between the United Kingdom and the United States preventing the extradition of the applicant to third state by the requesting state, the Minister of Public Security is not empowered to consider and/or grant an authority to proceed to the Chief Magistrate for extradition of the applicant from Guyana to the United States of America.
Section 8 of the Fugitive Offenders Act cannot purport to change and/or direct a court to interpret as changing the terms and articles of the Treaty between the United States and the United Kingdom as succeeded by the Cooperative Republic of Guyana.
On the last court appearance in the Georgetown Magistrates’ Courts, the lawyers stated that the rights of their client are being infringed upon because the matter is being heard in the lower court. As such, they moved to the High Court where they say the matter will be fully ventilated and addressed.
The lawyers said that the Magistrate is sitting without power when such matters cannot be dealt with.
Attorney-at-law Stacy Goodings, is representing the Government of United States. The lawyer said that she is of the opinion that the Magistrates’ Courts has the jurisdiction to continue the extradition proceedings, and that the State is ready to proceed with the matter.
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