The Office of the Attorney General has blocked a bid by a group of attorneys to have several men released from prison after an historic and far-reaching Supreme Court ruling on extradition.
In an interview with the Bahama Journal on Thursday, Godfrey “Pro” Pinder, the attorney for two of the seven men arrested last summer as part of an alleged major regional cocaine smuggling network, said he and his colleagues will most likely apply for a writ of habeas corpus or bail.
The men include Mr. Pinder’s clients, Brian and Lynden Deal; Thomas Roberts and Devroy Moss, who are represented by both Maurice Glinton and Jerone Roberts; and Sheldon Moore, who is represented by Henry Bostwick, QC.
Mr. Roberts also serves as the legal representative for Shanto Curry and Gordon Newbold.
Mr. Pinder’s comments come only days after Supreme Court Justice Jon Isaacs ruled that The Bahamas’ Extradition Treaty with the United States should be declared null and void, as it was not properly laid before Parliament in April 13, 1994.
“The terms of the Treaty, and in particular Article 18, did not receive the prior approval of Parliament,” the 57-page ruling says.
The Treaty, which was signed back in March 1990, allows U.S. officials to seek the extradition of anyone in The Bahamas believed to be guilty of a crime in the U.S. or against the United States.
It also allows Bahamian officials to seek the extradition of suspects residing in the United States.
According to Mr. Pinder, Justice Isaacs’ ruling essentially meant that the men are being held illegally in Her Majesty’s Prison and as such, should be freed.
However, the thought of freedom was short lived for the accused after the Attorney General’s office quickly moved to appeal the case. The Attorney General has asked the court to take no further steps in the case.
The case is expected to go all the way to the Privy Council. According to Mr. Pinder, should the High Court rule in the Supreme Court’s favour, all those persons who would have pleaded guilty in the past would probably have to be released as well as receive compensation for false imprisonment and malicious prosecution.
Mr. Pinder believes such a ruling would affect at least 50 people, some of whom are serving time in prison abroad.
The Ministry of Foreign Affairs has also delivered a formal Diplomatic Note to the U.S. government reaffirming this country’s commitment to the Extradition Treaty.
It has also stressed that “in the meantime, the status quo, with regard to all persons in the extradition process in The Bahamas and the Extradition Treaty itself remains, until there is further order of the court.”
Mr. Pinder said, the Court’s ruling will have no negative impact on the two country’s friendship.
“I think the United States should want a law that is good and valid and strong,” he said.
“I think that they would be concerned to see that justice is done in the long run. Every day in America, there is a situation in which people are released because of injustices. So, I think they would want to see justice play out in The Bahamas.’
Michael Taylor, a spokesman for the U.S. Embassy, told The Bahama Journal that as far as the United States’ adoption of the Extradition Treaty goes, his country considers it a valid pact.
“We will continue to meet our obligations under the Treaty. Analysis for The Bahamas’ adoption is something for this country’s courts,” he said. “We will await the final decision as the legal process plays out.”
While keeping a close lid on how the outcome of the case may affect US/Bahamas relations, Mr. Taylor said cooperation on international crimes of all sorts will continue in some way, shape or fashion.
“An Extradition Treaty is really a helpful thing to determine which jurisdiction takes the lead on a particular prosecution after a joint investigation,” he said.
By: Macushla N. Pinder, The Bahama Journal
