UPDATE: Ruling in Bob Hodge & co. extradition hearing March 13!
During a hearing this morning, Friday February 24, 2012, former Director of Public Prosecutions (DPP) and lead prosecutor Terrance Williams submitted that the United States had the right to try Earl ‘Bob’ Hodge and company because the alleged aircraft used to transport the illegal substance was registered in the US.
Popular businessman and horse racing aficionado Hodge, along with Carlston Beazer, Chad Skelton, Roberto Harrigan and Juan Valdez are wanted for narco-trafficking charges in the US. They are jointly charged with conspiracy to import cocaine.
Meanwhile, the North Carolina District has requested the extradition of Hodge to allegedly face conspiracy to import cocaine charge.
To support his submission, Williams pointed to the Tokyo Convention Order of 1968 that states that the US has jurisdiction of its aircraft anywhere in the world.
“For the extradition purposes I asked that the Tokyo Convention Order be taken into consideration,” Williams stated.
He noted that whilst none of the accused men were on US soil when the alleged drug shipment arrived in the US – the covert act of having the arrangements to facilitate the shipment can warrant extradition.
The seasoned lawyer made reference to an Al Quida terrorist, who never stepped foot in the US, but the US requested extradition because he purchased satellite phones, other communication instruments and recruited jihads to carry out terrorist acts in the US.
Prior to that, the Senior Magistrate had ruled that the court had full and unquestionable jurisdiction to hear the matter and Governor Boyd Mc.Cleary was entitled to give such an order.
This came as a blow to the defense team, who on February 6, 2012 with Hodge’s lawyer Julian Knowles, QC leading the charge stated that there was some confusion on the part of the Governor on how to proceed.
He had pointed out that the process was flawed because it was the 1870 legislation that applied to this extradition matter not the 1989 legislation as is quoted by the DPP.
“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 had 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.”
However, in summing up her decision, the Senior Magistrate said she spent many evenings looking at the written submissions put forward to her by the Crown and defense lawyers and explained that she was satisfied that the Crown “was operating under the correct legislation”.
The Magistrate also stated that the Memorandum of Understanding (MOU) from the Governor dated October 27, 2011 was addressed to the appropriate person [the Magistrate] in accordance with that legislation that is - the Authority to Proceed with the matter.
She said that yesterday February 23, 2012, the Governor signed a second Authority to Proceed (ATP), however, she will proceed with the first one.
“I accept the ATP dated October 27, 2011 giving the court the full and unquestionable jurisdiction,” Magistrate Stephens stated, and dismissed Knowles attempts to ask several questions.
During a court hearing on August 27, 2011, Crown Counsel Valston Graham told the court that throughout the years Hodge and his alleged accomplices allegedly picked up some 4,518 kilogrammes of cocaine from airdrops in VI waters, with Beazer and Skelton allegedly assisting in the recovery of the illegal substance.
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