Challenge filed to have matter transferred to High Court

Extradition case

Attorneys for Troy Anthony Thomas, the man who is wanted in the United States for murder, are seeking to have the High Court hear the extrication petition that is currently being pursued at the Magistrate’s Court level.
Nigel Hughes and Bernard Da Silva, who are representing Thomas, on Friday filed a motion in the High Court to stop proceedings in the extradition matter at the Magistrate’s Court and have it transferred to the High Court.
According the defence attorneys, the Magistrate’s Court does not have the jurisdiction to hear the case, which is filed under the Fugitive Offenders Act.
These actions came after the matter was called before Acting Chief Magistrate Sherdel Isaacs-Marcus last month.
Attorney DaSilva during his preliminary submission, told the court his client was being deprived of his liberty for the purpose of extradition to the USA, contrary to the prohibitive provision of the Fugitive Offenders Act 1998.
DaSilva further added that Thomas’ detention was unlawful and unconstitutional, since the 1993 Extradition Treaty made between the UK and USA, to which Guyana succeeded on its attainment of independence in 1966, contains no provision of the Fugitive Offenders Act 1998.
He added that the treaty must contain: (a) provision for securing a fugitive offender, (b) once extradited to the requesting state, in this case the USA, will not be extradited to a third country without the consent of the Minister of the requested state.
Additionally, representative of the Government of the United States of America, Stacy Gooding, has requested time from the court to produce statement bundles.
The issue of judication of the court will be heard in the High Court on April 13 before Justice Jo-Ann Barlow.
Thomas was arrested after an intelligence-led operation by ranks of the Guyana Police Force, which commenced on January 31, 2018, after an arrest warrant was issued by US law enforcement for him.
Thomas was being hunted by the New York Police Department, and a wanted bulletin was issued for him in connection with the 2011 murder of 20-year-old Keith Frank during an altercation outside a South Richmond Hill party.
It was then disclosed by US law enforcement agents that Thomas had fled the country to Canada within hours of his alleged crime.
Shortly after, the man reportedly travelled to Guyana before the wanted bulletin which was issued by the US had reached Interpol.