The Court of Appeal ruled yesterday that a Supreme Court judge erred when he determined several weeks ago that The Bahamas’ extradition treaty with the United States was null and void.
The ruling from the high court came as a major victory for the Attorney General’s Office, which had immediately appealed the decision of Justice Jon Isaacs, who had determined that the treaty was not properly laid before parliament back on April 13, 1994.
“The terms of the Treaty, and in particular Article 18, did not receive the prior approval of Parliament,” Justice Isaacs’ 57-page ruling says.
The Court of Appeal, however, has not yet issued a written ruling and plans to outline the reasons for its determination at a later date.
The treaty 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.
Justice Isaacs’ decision had directly affected several men at Her Majesty’s Prison who were arrested last year as part of a major regional drug smuggling ring.
They included Brian and Lynden Deal; Thomas Roberts, Devroy Moss, Sheldon Moore, Shanto Curry and Gordon Newbold.
Attorneys for the men could not be reached yesterday evening for reaction to the ruling, but Godfrey “Pro” Pinder, who represented two of the suspects, said in an earlier interview with The Bahama Journal that Justice Isaacs’ ruling had meant that the men were being held illegally at Her Majesty’s Prison.
He had also indicated that the case would go all the way to the Privy Council if necessary.
Prior to yesterday’s ruling, the Ministry of Foreign Affairs had delivered a formal Diplomatic Note to the U.S. government reaffirming this country’s commitment to the extradition treaty.
It had also stressed that “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.”
From The Bahama Journal
