AG granted leave by High Court

…to file defence in extradition matter

Attorney General Basil Williams was on Friday granted leave by the High Court in order to file a defence in the extradition matter for Troy Anthony Thomas, also known as Mervin Williams.
This came one week after Thomas’s defence lawyers filed a fixed date application in the High Court to prevent the extradition proceedings at the Magistrates’ Courts.
Recently when the matter was called before Principal Magistrate Sherdel Isaacs-Marcus at the Providence Magistrate’s Court, the lawyers told the Magistrate about the application they filed on behalf of their client in the High Court.
Attorney-at-Law Stacy Goodings, who is representing the Government of the United States, told the court that the Magistrates’ Courts has the jurisdiction to continue the extradition proceedings, and that the State was ready to proceed with the matter.
After hearing both parties, the Magistrate gave the High Court an opportunity to rule on the matter. The case was adjourned and would come up in the High Court on May 10 for reports before Justice Jo-Ann Barlow.
According to one of the defence lawyers, Nigel Hughes, the United States of America (extradition) order in council 1935 does not form part of the domestic laws of Guyana, hence the declaration that the provisions of the United States of America (extradition) order in council 1935 No 574 cannot be enforced by a Magistrate.
The lawyers are contending that Magistrate Isaacs-Marcus possesses no authority at law or otherwise to enforce the provisions of the treaty between the United Kingdom and the United States of America for the mutual extradition of fugitive criminals signed on December 22, 1931.
They added that the provisions were unconstitutional, null and void or have no legal effect.
Furthermore, the Attorneys submitted that their client is a citizen of Guyana and he is entitled to the protection of the provision of the Constitution of the Cooperative Republic of Guyana.