Czech-born financier Viktor Kozeny was back in a Nassau court on Tuesday continuing his fight against extradition to the United States to face bribery and money laundering charges, but a decision on whether he will be extradited is expected to be delivered in September.
Defense attorneys presented their closing statements by responding to a ruling that Magistrate Carolita Bethel handed down on June 23.
Magistrate Bethel ruled that there was enough evidence to make a case against Kozeny to be extradited based on the evidence that was presented to her.
She then put the onus on him to prove otherwise by mounting a defense to that ruling, which is his legal right. If unsuccessful, Kozeny may be extradited.
Requesting that the magistrate review her ruling, attorney Clive Nichols presented the court with a skeletal argument on areas of the ruling that he had issues with.
Mr. Nichols pointed out that the 1996 Inter American Convention Against Corruption was ratified by The Bahamas and the United States in 2000 after Kozeny allegedly committed his crimes.
Signatories to the convention have vowed to make every effort to “prevent, detect, punish and eradicate corruption in the performance of public functions and acts of corruption specifically related to such performance.” ﾠ
The magistrate denied the request for her to review her own ruling.
Claming that the issues raised by the defense were not new ones, Prosecutor Francis Cumberbatch told the court that he was unable to respond and would need time to prepare.
Mr. Cumberbatch said that since he is the lead counsel in the high profile murder case of the men accused of murdering nurse Joan Lunn, which is taking place in the Supreme Court, he was unable to provide the court with a date when he would be able to respond to the defense.
The parties later decided that Mr. Cumberbatch would submit his response in writing to the magistrateﾒs office by August 21. Mr. Nichols is expected to respond to the prosecutionﾒs response by September 4.
Magistrate Bethel then adjourned the matter to September 18 for a final ruling on extradition.
Kozeny has been in custody at Her Majestyﾒs Prison since October 2005 after he was indicted in a New York court on charges of bribery and money laundering.
He is accused of bribing senior government officials in the former Soviet Republic of Azerbaijan in order to gain control of that countryﾒs state owned oil company.
By: Stephen Gay, The Bahama Journal
