Court Rejects US Request to Extradite
The arrest of former premier of BVI Andrew Fahie in the USA last week on a narcotics charge has caused regional tongues to wag for several reasons. It is disappointing to have to witness an elected officials betray the public trust expected of them. It is more disturbing when the arrested person is Black (note Fahie is currently on bail in the USA awaiting his day in court. A reminder a man is innocent until declared guilty).
It boggles the mind tinpot politicians to satisfy one of the seven deadly sins never learn, in this case still having the courage to cross US borders. In the famous words of Carlos Suarez – you do the crime you do the time.
Fahie’s arrest and possible incarceration serves as a reminder to Barbadians what happened to former minister Donville Inniss currently serving a 24 month sentence in the USA for money laundering. Another public servant based on the court hearing who betrayed a public he swore to serve. Some will debate this matter within the boundary of the law to suggest Inniss was ‘unfaired’ by the ‘system’, however, there is a strong ethical case still for him to answer to answer.
The most intriguing observation about regional politicians landing in hot soup is the patience of USA authorities to wait for the ‘fly’ to fly into the spider’s web. Is this a case of USA authorities lacking confidence in extradition treaties with regional countries? The case of former FIFA Vice President Jack Warner comes to mind, he has been fighting an extradition request from the USA since 2015. Alex Tasker has been fighting an extradition request from the US also since 2021 in connection with the ICBL/Donville Inniss matter.
The recent case of a St. Vincent court rejecting a request from the US government to extradite Kern Z Mayers to answer charges dating to 2006 makes for interesting reading. Has the time come for CARICOM to take a regional approach to extradition requests? Our friend Caleb Pilgrim is asking.
See press report of the St. Vincent matter.
Published:Saturday | May 7, 2022 | 5:12 PM CMC
A court in St Vincent and the Grenadines has refused an application by the United States to extradite a Vincentian man, who is said to be among the most wanted in Pennsylvania.
“The court has considered carefully the arguments and submissions, examined all affidavits and other evidence, case law, statutory guidelines, and the court finds that given all the circumstances it would be unjust to return him,” said Chief Magistrate Rechanne Browne in a recent ruling.
The authorities in the United States wanted Kingstown to send Kern Z Mayers back to Pennsylvania to answer charges in relation to a January 4, 2006 incident in that state.
“Law enforcement attempted to initiate a traffic stop on a vehicle driven by Kern Mayers. In an attempt to flee from the police, Kern Mayers struck several vehicles and injured police officers. After a vehicle and foot pursuit, Kern Mayers was captured. Mayers was released from the Luzerne County Correctional Facility and then failed to attend his scheduled court hearing on January 25, 2006,” the website Pennsylvania Crime Stoppers said of the allegation against Mayers.
While in St Vincent, the police in Kingstown arrested Mayers at a business place in the city on December 10, 2020, a few years after he returned to St. Vincent and the Grenadines..
Lawyers Joseph Delves and Grant Connell represented him in the extradition hearing.
Connell also testified on Mayers’ behalf during the proceedings in which Rose-Ann Richardson appeared for the Crown.
In her ruling, the chief magistrate noted that the Crown had submitted that Mayers is a fugitive and should be returned to the United States to answer to the charges.
However, Delves submitted that not all the offences are relevant and that the Crown had not shown that the extradition is permitted under the Fugitive Offenders Act.
The chief magistrate pointed out that Mayers was arrested on the basis of being wanted in Pennsylvania, as he had not appeared at court on January 25, 2006 for the preliminary enquiry.
She noted that evidence was presented viva voce or orally, by affidavit and documentary evidence.
Browne further pointed out that the Fugitive Offenders Act and the extradition treaty between St Vincent and the Grenadines and the United States govern extradition between both countries.
The United States charged Mayers with two counts with each charge comprising several charges, including alleged possession of two grams of cocaine and injuries to a police officer.
Only some offences extraditable
The court held that some of the counts were extraditable while others were not.
The chief magistrate noted that the law says a person shall not be returned if: the court of committal is satisfied by reason of the trivial nature of the case; the accusation against the fugitive, having not been made in good faith; the passage of time since the committal of the offence; any sufficient cause as it would, having regard to all circumstances be unjust or oppressive or too severe a punishment to return the fugitive.
The Crown argued that the issue of statute of limitation did not apply as Mayers absconded and had no reasonably ascertainable place of abode or work within the Commonwealth.
It was further contended that the offences were committed on January 4, 2006, and he was immediately arrested and charged and soon thereafter failed to show up on January 25, 2006, for the hearing.
Despite the fact that five-year and two-year statutes of limitation exist, the limit is not applicable as the respondent absconded, the Crown further argued.
However, Mayers’ lawyers contended that the passage of time was critical and having regard to all circumstances, it would be unjust, oppressive and too severe a punishment to send him back to face trial in the United States.
They argued that the offences were allegedly committed in January 2006 and the extradition proceedings commenced in 2021.
The lawyers told the court that 15 years is an inordinately long period and the prosecution of the offences should have commenced in 2011 and not in 2017.
They said there was no evidence that Mayers was not continuously in the Commonwealth between 2006 and 2011.
They also contended that an address of New York was given in 2017.
The court also noted that all charges were dated 2017, adding that even though the affidavit by James McMonagle Jr, the assistant district attorney for Pennsylvania, said that the complaints were destroyed in 2015, “What is the nexus between these matters before the court?”
US authorities said that the indictments were accidentally destroyed while documents were being purged.
And while they said that the court keeps copies of the original documents those exhibited in the extradition proceeding were documents filed in 2017, even as Mayers was indicted in 2006.
Mayers’ lawyers argued that the document that should be exhibited are those from 2006 and, therefore, the matter was really brought against Mayers in 2017 — way past the statute of limitation.
They pointed out that the US government did not explain why it took so long and raised issues.
The lawyers also argued that Mayers would not receive a fair trial in the United States.