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Lawyers fighting extradition for US murder suspect to re-file defective affidavit
A ruling by High Court Judge Jo Ann Barlow on whether a Magistrate has the authority to hear extradition proceedings for US murder suspect Marvin Williams also referred to as Troy Thomas by local police, has been delayed as a result of an incomplete affidavit filed by lawyers for the murder suspect.
The ruling, which was scheduled for yesterday, will be announced in due course.
Troy Thomas
This was as a result of Attorneys-at-Law Nigel Hughes, Bernard DaSilva and Darren Wade, who are all representing Thomas, being asked by the court to re-file an incomplete affidavit which contained arguments in support of their Fixed Date Application (FDA).
When the FDA came up for hearing on Friday at the High Court in Georgetown, it was revealed that the affidavit filed by the lawyers for the murder suspect was missing a key component, its commencement—this is the beginning of the document where the affiant or the person making the affidavit is identified.
As a result, Solicitor General Kim Kyte asked that the lawyers “cure the defect” in the legal document.
The lawyers were ordered to re-file the affidavit on or before June 1. The FDA then comes up again on June 4, for further addresses on arguments excluded from the affidavit. Thereafter, another date will be set for ruling.
In the FDA, the lawyers argued, that among other things, the Magistrates’ Courts have no jurisdiction to hear the extradition proceedings for their client.
In 2012, US Law Enforcement issued a wanted bulletin for Thomas in relation to the December 11, 2011 murder of 20-year-old Keith Frank, who was a Guyanese. Frank, who moved Queens, New York from Guyana when he was just 12, was shot and killed outside a South Richmond Hill, New York party where he ran into some other men with whom he had an ongoing “beef”.
Thomas was apprehended by local police in March at Liliendaal, Greater Georgetown. He was hauled before Principal Magistrate Sherdel Isaacs-Marcus, who was at the time acting as Chief Magistrate, before whom he was expected to face extradition proceedings.
He is currently a remand prisoner.
However, weeks after Thomas’ lawyer moved to the High Court in a bid to block the Magistrate from hearing the proceedings. Consequently, Magistrate Isaacs-Marcus put a hold on the matter pending the hearing and determination of the FDA by the High Court Judge.
The FDA outlines a total of 27 grounds in support of the lawyers’ request.
Besides arguing that the Magistrates’ Courts do not have the jurisdiction to hear the extradition proceedings, the lawyers are contending that Thomas is a citizen of Guyana and entitled to the protections of the provisions of the Constitution of Guyana.
Advancing further arguments, the lawyers stated that on December 22, 1931 the United Kingdom and the United States entered into a treaty for the mutual extradition of fugitive criminals and that the said treaty was by way of order in council made applicable to British Guiana, a colony of the United Kingdom at the time of the execution of the treaty.
The lawyers are contending that Guyana gained independence in 1966 from the United Kingdom and that the treaty remained in force and that in 1988, Guyana passed the Fugitive Offenders Act which was subsequently assented to by the President.
“The said Act purported to establish the procedure for the extradition from Guyana of fugitive offenders. The said Act was amended in 2009 by the Fugitive Offenders (amendment) Act 2009.”
It continues, “The Act as amended purported to include jurisdiction to extradite persons who were captured by the provisions, inter alia, of any arrangement made between the government of the United Kingdom and the government of a foreign territory relating to the extradition of fugitives offenders, prior to the 26th May, 1966, extends to and remained in force in Guyana.”
The murder suspect legal representatives are contending that Thomas is being unlawfully detained and subject to the legal process unsupported by any legal basis of foundation.
Among other arguments, the lawyers advanced that certain Sections of the Act purports to vest in the Minister of Public Security the power to issue an authority to proceed with the extradition proceedings to the Chief Magistrate.
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