UPDATE: Earl 'Bob' Hodge & others out!
Up to late yesterday Attorneys at Law for the four - Earl 'Bob' Hodge, Roberto 'Tico' Harrigan, Chad Skelton and Carlston Beazer - were still wrapped up in the legal processes to have them freed.
According to relatives of the aforementioned two, the four have left the confines of Her Majesty's Prison, Balsum Ghut earlier this afternoon as free men.
This news site will bring you further details as they become available.
See previous article published on December 23, 2014:
UPDATE: HC quashed Governor’s decision in Extradition matter
ROAD TOWN, Tortola, VI - Justice Vicki Ann Ellis’ 51-page ruling summed up her decision against former Governor William Boyd McCleary, saying the court found that there was no independent judgment exercised by the him (McCleary) in making his decision to issue an extradition order.
As a result on December 22, 2014 before Justice Vicki Ann Ellis, Earl ‘Bob’ Hodge, Carlston Beazer, Chad Skelton and Roberto ‘Tico’ Harrigan had seen a mountain moved, clearing a way for them to get their liberty and return to life away from the steel bars that held them hostage at Her Majesty’s Prison, Balsum Ghut.
According to Justice Ellis the court is satisfied that a quashing order would only be appropriate where some collateral error could be made out in the decision making process.
Based on her findings the Judge ordered Judgment of the Claimants in respect of the Governor’s decision to issue the Orders to Proceed, the Governor’s decision to issue the Orders to Proceed is quashed, matter is remitted to the Governor for reconsideration in accordance with the Judgment of the Court.
It also ruled that the Claimant will have their costs to be assessed in accordance with Part 65.12 unless otherwise agreed.
The claim in respect to the decision of the Director of Public Prosecution (DPP) to issue the Nolle Prosequi in respect to local charges pending against Roberto ‘Tico’ Harrigan is dismissed and the DPP will have his costs in respect to that aspect of the Application assessed unless otherwise agreed.
According to Justice Ellis’ ruling while there could be no legal objection to the Governor obtaining and weighing appropriate legal advice, this would not have released him from his obligation to genuinely exercise his own deliberate discretion in the matter. “However, the evidence before the court does not satisfy the court that there was any independent judgment exercised,” states the ruling document secured by this news site.
The former Governor in his affidavit stated that he was advised by the Attorney General that the request included further evidence of the kind contemplated at the October 6, 2012 meeting. “He also stated that the AG confirmed that this evidence was not submitted with the first request or considered by [Judge] Redhead’s judgment and was to the effect that the drugs were intended for the US,” it further outlined.
It was against this background according to the document that the Governor was advised by the Attorney General that it would have been proper to make the Order in respect of each of the applicants.
Attorneys at Law in the matter were keen on noting the glaring absence of any indication that the Governor actually reviewed the further evidence or even a summary or briefing note on it.
It further went on to state that notwithstanding the fact that a conspiracy is alleged, the Governor also ought to have been mindful of the need to consider the case for each claimant and arrive at an independent decision based on the individual facts and circumstance.
-Lawyers continue to battle for the men to be given their liberty
Justice Ellis’ judgment states that statutory framework makes it clear that the Governor has a significant role to play at the beginning and end of the extradition process; at the beginning of the process through the decision to submit the extradition request to the Magistrate, by issuing an Order to Proceed, and at the end of the process through the decision on surrender.
The Judge agreed with the lawyers for the men, that the Governor in making his decision on a second extradition request should not have done so in isolation to Justice Redhead's decision on the first request.
"The reality is that Orders to Proceed issued by the Governor on October 11, 2012, cannot be looked at in isolation. There is a critical context in which these Claimants had previously challenged efforts to secure their extradition. Intense litigation followed, resulting in a considered legal opinion rendered by the High Court. The court is satisfied that this opinion favoured the claimants not only on procedural but also on substantive grounds," it stated.
It is plain that there would have been important overlapping issues arising from that legal opinion which the Governor would have been obliged to consider when issuing the Orders to Proceed.
"In the court's view, the historical context of the previous proceedings would have demanded that the Governor consider the advantages and benefits of providing reasons for his decision. The Governor also could not have ignored the fact that the Order may lead to the detention and forced removal to another country."
When combined, these factors would have prescribed that reasons be provided. Those reasons must be such that a reviewing court and more so the person affected can understand the rationale for the decision.
Mr Julian Knowles QC and Richard G. Rowe represented Hodge, Lord Kenneth MacDonald QC and Menelik Miller represented Skelton, Patrick Thompson represented Harrigan and Richard G. Rowe represented Beazer.
Timothy Otty QC and the Attorney General Dr the Honourable Christopher P. Malcolm represented the State.
See previous article published on December 22, 2014:
Earl 'Bob' Hodge & others win Judicial Review!
ROAD TOWN, Tortola, VI - Following a High Court decision this morning December 22, 2014 before Justice Vicki Ann Ellis, Earl ‘Bob’ Hodge, Carlston Beazer, Chad Skelton, and Roberto ‘Tico’ Harrigan are likely to be released soon, as their lawyers are said to be working to make this happen.
They were incarcerated since 2012 with matters of extradition being heard against them. However with the decision handed down this morning the men will be spending Christmas with their families in their homes.
The High Court Judge Madame Justice Ellis handed down an oral decision where she ruled that the Governor's (former Governor William Boyd McCleary) decision to issue the Order to Proceed is quashed and that the matter is remitted to the Governor for reconsideration in accordance with the judgment from the court.
A formal written judgment is expected to be released by the court later today.
The five men are wanted by the US government to face the justice system there after being fingered allegedly in a 13 year-old drug ring in Florida, USA.
However there are no local charges pending against the men as all local charges were dropped over a year ago. The men were being held by the Virgin Islands Government which claimed that it was awaiting extradition proceedings.
Further details of the judge’s decision will come in a later update.
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76 Responses to “UPDATE: Earl 'Bob' Hodge & others out!”
When you controls a mans thinking then you don't have to worry about his actions, and that is the reason why most people who was born, and raised under the Union Jack and it Imperialist System could never enjoy freedom. Living life to the fullest and enjoying all the best life has to offer could never be considered old ways; While you are still stuck in your present rut still wearing polyester checkered pants and pulka-dot off-brand shirts, and plastic shoes with board heel, most time there is an absence of taking care of personal hygiene, because people can smell you before they see you! Well!!!!! My mother thought me long time ago: "If you can't say Good, then keep your mouth shut; Don't say bad."
Personally! I am very happy for the four of them, and hope that God "Whatever they conceive him to be" continue to bless them. Have a Happy Holiday Season.
Governor please do the right thing and do not release these men. Mistakes may have been made in deciding how they should be tried, but that does not amount to an exoneration. We cannot compound those mistakes by releasing these men. To do so would be sending the wrong message.
We must protect the future of the BVI. Hold them accountable and let them answer the charges.
Yes he should go to the UK! And he will get proper advice..you all always chatting s..t. Some of the best Extradition lawyers are in the UK. They would advise him that the US has presented no real evidence and tell them to leave their citizens alone. You think the UK can extradite a US citizen like how they wanted us to? Hell no!! ALL the t's have to be crossed and the i's dotted.
The BVI should be careful about the message they send to the young people...
Stop chatting p..s the guys did nothing wrong!!!
ffff you chatting s..t how you mean they were locked up without evidence against, didn't they have to fight hard to secure their released, a matter that attracted the most QC's ever in BVI history. They got away because of matters of technicalities and that's how the legal system works so don't feel there were not evidence or don't turn a blind eye to reality
Ability to have them extradited if the VI wanted to try them first. The fact that charges are dropped NY a Court does not indicate that there was no evidencre or guilt.