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Extradition hearing: Prosecution given time to respond to defense

Williams has until Feb. 13, 2012 to respond to the submission. Photo: VINO
Skelton (right) and Harrigan. Photo: VINO
Skelton (right) and Harrigan. Photo: VINO
Hodge (left) and Beazer.
Hodge (left) and Beazer.
ROAD TOWN, Tortola, VI – Senior Magistrate Valerie Stephens has granted the prosecution until February 13, 2012 to hand in its written submission in response to the powerful submission put forward by the defense that the court nor the Governor have any power in adhering to the United States to extradite five alleged drug traffickers.

Around 3:15 this afternoon, Magistrate Stephens informed the former Director of Public Prosecutions (DPP) Terrance Williams, who is spearheading the case, that she will give him ample time to respond. In light of this, the hearing will resume on February 24, 2012.

The extradition hearing began last Friday and centres around Earl ‘Bob’ Hodge, Chad Skelton, Juan Valdez, Carlston Beazer and Roberto Harrigan who are wanted in the Southern District of Florida for narco-trafficking charges. They are jointly charged with conspiracy to import cocaine into the United States.

Meanwhile, the North Carolina District has requested the extradition of Hodge to allegedly face conspiracy to import cocaine.

However, Hodge’s lawyer Julian Knowles, QC, eloquently stated during his submission earlier today that the Governor may not have been advised wisely when he gave his stamp of approval to proceed with the hearing.

According to Knowles, “There was some confusion on the part of the Governor on how to proceed. Extradition law as applied to Territories like the BVI is not easy; it is complex and difficult…it is an 1870 legislation that applies to this extradition matter not the 1989 legislation as is quoted by the DPP.”

The QC further stated that it was “absolutely clever” that the DPP was the source of advice for the Governor based on the testimony of Sian Evans of the Governor’s Office on Friday, February 3, 2012.

“The Authority to proceed quoted in the 1989 Act, but a schedule of the Act stated that it is only applicable once an order has been made in council…to my knowledge no such order has been made and that the DPP omitted to state so. The 1989 Act applies to the BVI when the request is from certain countries and a United States is not on the list,” Knowles pointed out.

He added, “I think that is why this confusion has come because of misunderstanding of the Act: You have no valid document, you have no jurisdiction…a number of consequences follow. The Governor purports to exercise powers he does not have because his DPP forwarded him the wrong Act. There is nothing unusual about that and in a sense. He is purporting to exercise power he does not have and failed to take things into consideration. Taking it all together this case started from a foundation that is not a safe foundation….you must forthwith discharge the men in custody because you don’t have any jurisdiction.”

His submission was backed by Tana’nia Small, Skelton’s lawyer. She noted that a serious submission had been made and pointed out the men had been detained when the court has no jurisdiction.

Likewise, Richard Rowe, Beazer’ lawyer, said the submission raised a fundamental issue about jurisdiction and added ‘It was not an ambush.”

Valdez’s lawyer, Stephen Daniels announced that Knowles’ submission “is very serious and complex” while Patrick Thompson, Harrigan’s lawyer, bluntly stated that the Crown should have verify the law before “embarking on the extradition.”

20 Responses to “Extradition hearing: Prosecution given time to respond to defense”

  • Jack johnson (06/02/2012, 16:35) Like (0) Dislike (0) Reply
    How in the world could the DPP make such a grave error. Now justice may never be done. Especially given the fact that everyone knows these guys are alleged drug dealers. It's a pity that they could be allowed to go free scott free because of the incompetitance of our DPP. How sad.....
    • apple pie (06/02/2012, 22:50) Like (0) Dislike (0) Reply
      keep off willimas he knows what he doing!
      • LOVED ONES (07/02/2012, 10:10) Like (0) Dislike (0) Reply
        If he really knew what he was doing he would not have asked for more time....everything hit the fan now!!! AFTER THIS, NO MORE CONTRACTS FOR TERRANCE.
    • - (07/02/2012, 07:53) Like (0) Dislike (0) Reply
      Yes she did wrong very wrong but the onis is still on the Governor and the lady in court as witness that also advises the Governor. They should have checked everything first and sought Legal advise. Mr Pearey would have checked and checked again and the previous lady who advised the ex Governor ( mr pearey) would have been on top of that from day one. I will say though that I feel very sorry for the Governor the first massive important case he has ever dealt with he has totally mucked up, and mucked it up for the people who actually brought these men to justice. Being so compacent bites you in the bum when you least expect it.
  • Zantax (06/02/2012, 17:10) Like (0) Dislike (0) Reply
    The DPP and Terrance think they're the only ones who know Law, but we going see what happens.
  • vb (06/02/2012, 17:34) Like (0) Dislike (0) Reply
    the dpp is graping ...let the men dem stay in tola dem aint do nothing wrong.
  • Polo (06/02/2012, 18:20) Like (0) Dislike (0) Reply
    With Williams back on the job it’s going to be hard for these guys to stay in the BVI.
    • Congo Man (06/02/2012, 20:27) Like (0) Dislike (0) Reply
      Oh please keep quiet! Who the heck is Williams when he well dressed??? Today he was wearing "egg" all over his face, thats why he and the Magistrate got to go and research this and that and need time. None of them prepared for the arguments by the defense. Now that the man make him look small, he going come back waging war, but we ready for Williams. All this faith in a mere mortal who breathes, and feels pain like you and I. Give me a daggone break!
      • too late (06/02/2012, 22:34) Like (0) Dislike (0) Reply
        that is the same dude that lock up bevis and Allen now them send him for a new set of we young hard working locals..does any body see what is going on here????? wake up before tis too late bvi
  • Luvz (06/02/2012, 19:36) Like (0) Dislike (0) Reply
    This is serious! And if in fact the DPP erred in her advice to the Governor on extradition procedures, this will not look good. Wow, I staying tune cause I want to see what Terrance has up his sleeve.
  • race matters (06/02/2012, 19:43) Like (0) Dislike (0) Reply
    FREE OUR LOCALS MEN! This nonsense trying to set up people and blame people for doing these things have to stop now!!!!
    • cane garden bay (06/02/2012, 22:32) Like (0) Dislike (0) Reply
      I agree with you "race matters" fre them free them we have to march like we did in the 40s deman
  • done decide (06/02/2012, 22:56) Like (0) Dislike (0) Reply
    nope some uk people determin that they going to jail in the usa
  • rat (06/02/2012, 23:51) Like (0) Dislike (0) Reply
    How come Terrance getting so much time I smell a rat
  • LOVED ONES (07/02/2012, 10:08) Like (0) Dislike (0) Reply
    Terrance was to be given 3 days to do his rebuttal cause he thinks he's the man.....he believes he knows that law more than anyone else. Right now we have an expert in extradition in the name of Knowles and he has made Terrance and the DPP look like jokers. Hit them knowles....let them lap their tails and wheel and come again. Once Terrance lose this, NO FURTHER CONTRACTS MUST BE GIVEN TO HIM HEREAFTER.....It's a waste of taxpayers money AGAIN!!!!
  • slave trade (07/02/2012, 21:05) Like (0) Dislike (0) Reply
    this hold case is based on some body trying to get two people in the USA and using our local boys to felicitate it. is this justice??????..more like the slave trade to me!
  • So what does this mean? (07/02/2012, 22:19) Like (0) Dislike (0) Reply
    So if the judge says the court / DPP has no jurisdiction we are going to say NO to the good ole US of A... uuuuuum i don't think so! Lawyers making money sah! See what they did with Coka or whatever his name was in Jamaica?
  • not right (08/02/2012, 22:00) Like (0) Dislike (0) Reply
    EVERY TIME I READ THIS CASE i WANT TO VOMIT KNOWING THAT THEE POOR GENTLEMEN ARE BEING USED AS SCAPE GOATS FOR BIGGER FISH IT IS JUST DOWN RIGHT WRONG AND VINDICTIVE...BY BOTH LOCAL AND THE USA AUTHORITIES


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