FULL STORY: Extradition to the US inches closer to reality; bail denied again
BVI News Staff - Tuesday, March 13th, 2012 at 9:48 AM
Today, March 13, 2012, Senior Magistrate Valerie Stephens ruled that she was satisfied that there is a prima facie evidence against Earl Bob Hodge, Carlston Beazer, Chad Skelton, Roberto Harrigan and Juan Valdez to be extradited to the United States of America to answer to drug-related offenses.
In the meantime the magistrate remanded the men to Her Majesty’s Prison to await Governor Boyd McCleary’s extradition decision. She also informed the men that it is within their right to file Habeas Corpus.
Magistrate Stephens made a similar decision for the extradition order which was before the court relating to Earl Hodge from the State of North Carolina, also in the US. In handing down her decision, Stephens said on reviewing the evidence of Sian Evans from the Governor’s Office and Inspector Murray from the RVIPF relating to the extradition request from Florida, she is satisfied with the evidence they presented.
She also stated that the men were identified by a Mr Edwardo Diaz. In addition, Stephens said she is satisfied that there was a conspiracy to import cocaine based on the evidence of Diaz who was allegedly present when the airdrop involving the men was done in 2010.
The magistrate, while noting that Diaz can be viewed as an accomplice, said she warns herself about relying on the evidence of such a character. She noted that the US has grounds based on evidence of overt operations stemming from the opening of an account in the US and the purchase and registration of a Titan Aircraft that was allegedly used to transport drugs.
Bail Denied
Following the magistrate’s ruling, Chad Skelton’s lawyer, Tan’ana Small-Davis. asked the court to consider offering bail to her client.
Small-Davis told Magistrate Stephens that bail can be granted to her client with strict regulations such as house arrest. The attorney stated that bail would be welcomed by Skelton as it would allow him to enjoy his family until the request for him to go to the US is made. However, Senior Crown Counsel Valston Graham objected to the bail request.
Graham said there is a reason for habeas corpus, the stakes are higher, and the fact that the High Court had denied bail to the defendant takes the matter out of the magistrate’s jurisdiction.
“The application is in the wrong place at the wrong time and the magistrate has no jurisdiction to grant bail….The change of condition of committal takes away any favourable consideration for bail,” Graham said.
MOST PREVIOUS REPORT
Following a lengthy court proceeding in the Magistrates Court on February 24, Senior Magistrate Valerie Stephens announced that on March 13, 2012 she will make her decision on whether or not there is sufficient evidence to allow five men to be extradited to the United States to answer to drug-related charges.
In the hearing that involves alleged drug traffickers Earl ‘Bob’ Hodge, Carlston Beazer, Chad Skelton, Roberto Harrigan and Juan Valdez, Crown representative and former Director of Public Prosecutions (DPP) Terrance Williams responded to various points that were raised at a previous hearing by defence attorneys.
Issue of Jurisdiction
In responding to the submission of the defence that claimed that the 1989 Act was not applicable for the authority to proceed, Williams said the defence was clearly wrong on their submission.
“The arrangement between the BVI and the USA were made by two Orders in Council. We can confirm that the 1870 Act has been substituted by the first schedule in the 1989 Act as is mentioned in the preamble of the 1989 Act. The purpose of the 1989 Act was to consolidate all previous legislations into one… there is no need for any additional Order in Council,” Williams explained.
Authority to Proceed
The defence, after citing that the incorrect Act was used for the authority to proceed, had also questioned the legality of the authority and by extension the jurisdiction of the court. However, Williams said there is no statutory imperative being breached in the first authority to proceed. He said there are no restrictions and that the governor has a wide scope to issue an order to proceed.
Williams added: “It is our understanding that His Excellency has issued a new order to proceed…. it is supplementing the existing order…. it was done so on an abundance of caution and we continue on the approach of caution by asking that evidence on the matter can be reheard. We hope that the depositions taken can continue to stand. What we are asking for is for the undertaking to be reopened.”
Following Williams’ submission and mention of the new document and possible reopening of the matter that had been closed by both side, defence attorneys said it was an abuse of the process and a breach of the undertaken given to the defence team.
Ruling on Jurisdiction
In rendering her decision on the jurisdiction concern of the hearing, Magistrate Stephens stated: “I accept the authority to proceed. On the 23rd February a new authority to proceed was filed in the court outlining the same particulars, addressed to the same person dealing with the same law…. I accept that this court has authority to proceed… I have looked at the law and I am satisfied that this court has jurisdiction.”
The magistrate said prior to her decision she spent late nights and hours looking at submissions and law, and in the end, came to a conclusion.
Following the ruling the Crown representative proceeded with submissions relating to the actual extradition. Williams, with the use of case examples, illustrated that the United States had the right to try the five men because a US-registered aircraft was allegedly used in the alleged trafficking.
Queens Counsel Julian Knowles is representing Hodge, Skelton is represented by Tan’ana Small-Davis, Richard Rowe is representing Carlton Beazer, Stephen Daniels is representing Juan Valdez and Patrick Thompson is representing Roberto Harrigan.
PREVIOUS REPORT ON THE CASE
The defence attorneys in the extradition matter involving five men who are implicated in a multi-year drug ring have announced that the court and the magistrate have no jurisdiction to hear the matter.
Queens Counsel Julian Knowles, who is representing Earl “Bob” Hodge, a man of interest to two US states, told Senior Magistrate Valerie Stephens: “You have no valid order to proceed and without a valid document you have no jurisdiction.”
Knowles began his submission stating that there are two components to the request from North Carolina and Florida. What he noted was significant was the fact that both of the complaints were done at the same time.
“They were done at the same time, they were processed together,” Knowles stated.
However the Queens Counsel noted there is no order to proceed and he explained that in the absence of the order there is no jurisdiction.
“There is 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,” he said.
Knowles said it is an 1870 legislation that applies to this extradition matter, not the 1989 legislation, as is quoted. He explained that even if the 1989 Act applies there is still conflict.
“There is conflict between what the Governor endeavours to do and what the legislation prescribes. Even if the 1989 Act had applied there is a contradiction….so it is the 1870 Act that applies in this territory and any other,” he noted.
The lawyer stated that the 1870 Act contains the power of the Magistrate and Governor to proceed. He explained that the Act was passed following subsequent signing with the United Kingdom and other states for extradition.
“Section 17 of the 1870 act extend to territories such as the BVI; my learned friend did not show you the right section that deals with extradition,” he said.
Knowles stated that it was absolutely clever that the DPP were the source of advice for the Governor based on the testimony of Sian Evans of the Governor’s Office. He further mentioned that the Authority to proceed dated October 24, 2011 that is the basis is wrongly named and should be referred to as “an order to proceed.”
Knowles noted that the document quoted the 1989 Act, but explained that a schedule of the Act stated that it is only applicable once an order has been made in council; but opined that to his knowledge no such order has been made and that the DPP omitted to state so. Knowles explained that the fundamental of the 1989 Act applies to the BVI when the request is from certain countries. He said that the DPP failed to appreciate that the request is from the United States which is not on the list.
“I think that is why this confusion has come because of misunderstanding of the Act: “You have no valid document, you have no jurisdiction; and a number consequences follow. The Governor purports to exercise powers he does not have because his Director 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…that’s it!”
Skelton’s lawyer Tan’ana Small-Davis agreed with Knowles’ submission and announced that “a serious submission had been made. She stated that the men had been detained when the court has no jurisdiction.
“I think that part should be looked at before anymore points are raised in fairness to the persons,” she said.
Richard Rowe, who is representing Carlton Beazer, said he is in support of Knowles’ submission because it raises a fundamental point about jurisdiction.
Steven Daniels, who is Juan Valdez’s attorney, also stated that the submission is very serious and complex and opined that the Crown might need some time to digest it.
Patrick Thompson, who is representing Roberto Harrigan, said the issue of jurisdiction is something the Crown should have anticipated.
However, Terrence Williams who is representing the Director of Public Prosecutions, said the submission about jurisdiction should have been made at the start, and asked that all of the submissions be made so that he can respond in totality.
The DPP will make a written submission on Feb. 13 and 24 for hearing to continue.
Copyright 2012 BVI News, Alliance News Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
62 Comments
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From what I read, if these guys are involved in this fiasco they belong in Balsam for at least 10 years. And when they get out they need to be packed up and sent to the USA for another set of years.
They should count their lucky stars they are not being extradited to some place like Sudan or Saudi Arabia. Them fellas in those places know what to do with drug smugglers.
US always wants everyone citizen when they commit a crime however, they never turn over their citizens to the country where they commit their crime. Let us see if they will turn over that military guy who killed those innocent afghanistan children, women and men. The first thing they claiming is he is insane.
That is true Moesha but you can’t compare that to 10 years of knowing exactly what you are doing!!!!!
Don’t hate the judge she have a job to do!!!!
Well holier than thous, haters, badmind and just pure frenzys it look like ayo wish might come through. So tp Mr. Hodge, Mr. Skelton, Mr. Beazer and my fam such maybe life but it aint forever, The Father never give you more than you can bare.To every and anybody thinking but marrying the game….DON’T WIFE THAT it will always betray you.
It may not be forever but just a month in a real prison will turn lions into lambs and lambs into lambchops
True but each man know what his heart is plus there is still a chance. But it is easier to handle when you know what you have so hey…..some of us live life free and work for 50 years and MAY have 15k save…….maybe you can serve 15 and come out to a quarter of a mill? Not bad for 15years of your time……plus the time real but the choices one have to stay out of trouble in federal pen is in adundance….read and educate yourself the time will fly by……maybe when it all said and done your much more educated and wiser, who knows
All who is talking when the plane or the boat is leaving with them hold on the to tail of the plane or the engine of the boat to stop them from going.
When we could hold on to your mother first? then we will see the plane leave….personally who cares but to see so much of ayo anxious for these man to leave when they aint hurt a FLY……but SOSO when you wake in the morning these man might be behind bars but it will not be forever….but you? You will be the same pathetic…broke, all now you blogging and somebody have your girl in an uncompromising position…if you a girl we done know he someplace with something better
you people amuse me on an island where the majority is losers from the time you draw your first breathe. 
I am not surprised by this decision, and indeed I predicted these men would be extradited to the U.S. and be on a plane to Florida after all was said and done. It’s highly unlikely the Governor would defer extadition. Some have tried to make this extradition about the U.S. vs. the B.V.I., but it was and is not. If you commit alleged crimes that impact another country, you should be fully aware that you are not safe from extradition to that impacted county to face justice there. And even when you commit crimes that does not impact another country but are deemed crimes against humanity, there is the Haig Court that you may have to answer to. The world we live in today is more interconnected than it has before. Word to the wise: it’s very difficult to escape your crimes, so there is no refuge on this planet when you commit crimes.
In this case we have the U.S. whose long arm of justice is capable of plucking alleged criminals from obscure parts of the world. We are a tiny player in this global legal landscape. Those who subscribed to the thinking that the U.S. had no jurisdiction and are/were against extradition should familiarize themselves with international law and extradition treaties. We should also stop condoning alleged criminal wrongdoings if we sincerely want to live in these islands in the relative peace and safety we once enjoyed.
May they have a safe flight and a fair trial. They are innocent until proven guilty. Nevertheless, they are going to need more than prayers in the U.S. system. Specifically, they are going to need some darn good layers to keep them from going to prison for quite a long time. I hope they have some money left over from their extradition hearing to mount their defense in the U.S. as they see fit, and the local layers have not pocketed the lions share of it.
High Court here we come! They not going anywhere now, hold on to your seats, the real shit is about to start people…
Well said!! This is the reality of the situation.
And I really do hope that the local lawyers haven’t sucked up the money. Because they will not be wanting court appointed attorneys in the US ..
Seems like there has been a clerical error and that the drug runners should go free with the support of the nation.
We live in darkness and it is the will of the people that we stay there.
The temple has fallen
Who ever ray is hope he ain’t from tola a real fool America always coming in other countries trying to take over and they can’t even handle their own business
A LOT OF YOU PEOPLE CREATE A PROBLEM WHEN SOMEONE HAS TRIAL GOING ON… ITS NOT FAIR TO THE VICTIM WHETHER THEY ARE GUILTY OR INNOCENT… BECAUSE THIS IS A SMALL COUNTRY AND WHO EVER THE JURORS ARE, THEY WOULD BE GOING INTO THE COURT ROOM AFTER A SEED HAS BEEN PLANTED INTO THERE HEAD AFTER HEARING ALL KINDS OF RUMORS ON THE STREET AND NEGATIVE BLOGS… WHY DO YOU PEOPLE REJOICE AND HAVE SO MANY NASTY THINGS TO SAY AGAINST YOUR OWN PEOPLE? THAT IS SO WICKED…
I never weighed in on this case before, but I have been following. No surprise here with the magistrates’ ruling today. Of course the Virgin Islands has the jurisdiction to hear the matter. If not, who else? The defense is just blowing smoke here, and trying to get these guys off on a technicality. May the extradition process proceed. I’ll reserve further comments on the case as the extradition hearings unfolds.
Meanwhile, I cannot get the theme song of Cops out of my head:
[Bad boys bad boys what ya gonna do? What ya gonna do when they come for you?]
I guess the answer is to hire lawyers to fill the court house with smoke, and hope to escape in the pursuing mayhem and avoid a very long prison sentence in a U.S. prison, and not Balsum Ghut. With Florida and North Carolina knocking, we shall see which of these men remain behind in the courthouse once all the smoke clears.
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Ok Magistrate Stevens. I realize how difficult a decision this has been for you given you have spent many long hours and sleepless night reviewing the application. So, if you say so, what can I say other than get some rest now that’s all said and done. You are the ultimate judge on the matter. Rest well your Honor.
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Bill Fargo, I do believe that with that comment, you may have committed a crime. THREATENING language is a prosecutable offense.
You had better hope that Magistrate Stevens is not the type to take a foolish blogger to court ~ though I wouldn’t bet on it! Your IP address is traceable you know!
YOU ANNOY THE H*** OUT OF ME….
What happen boo? Why would harmless little ole Ray annoy you so much? Let me ask. Am I interrupted your cash flow from your drug lord, or you cannot stand or handle the truth. Which is it?
Look, if I offend you so much, you have a choice. You can ignore my posts….every last one of them, or we can discuss these matters civilly. Why torture yourself reading them and getting annoyed? That makes absolutely no sense to me.
I know why you are really annoyed: I speak common sense and a truth you don’t wish to hear and would like to do away with that dislike button if you can.
But hear this, hating on Ray is fruitless. I am beyond your hate and annoyance. If you want to debate or discuss the issues, I’ll be more than happy to do so with you any day, but if you just want to be annoyed, then be miserable by yourself. Ray is not trying to be miserable with you.
One last thing, the fact that you are annoyed by a virtual stranger to you tells me that are a mental imbecile. Grow a pair if you will. If you got something to say contrary to what I say, put on the board, and lets have a go at it. Otherwise, grow the h*** up.
Another fool identified.
Hmm. let me think about that one “get the money or die trying.” Your gangster mentality suggests that you are tied to a similar lifestyle. The outcome of this case will define the future of the BVI. If the perps aren’t extradited chaos will rule and drug traffickers will operate with increased confidence.
Ignatius? that is what your moms named you
get naturalized first before blogging talking piss …fkn garrot.
LOL …so funny deary.. there you go watching far to many action movies. I guess your young mind must of fell asleep at the end when the bad boys get put in time out …
aka DEATH or PRISON choose one
THAT JUDGE IS VERY UNFAIR SHE AND TERRENCE ARE FRIENDS AND THEY HOLD ONE HEAD….
I Aree. She now disrespecting the QC and stopping him from talking. Her mind is already made up so she should have given her ruling then and there.
This is the first time that I am hearing that a charge like this is not bailable. She have those guys up there so long and is just prolonging and prolonging.
We have family standing outside while close friends to the people in charge, getting a seat in the Court Room. Can you beat a thing like that?
See this is why your not a judge or a lawyer.
At the very least you can read all the very indepth articles on this case and see why she said that bail would not be granted.
the harsh reality is in little Tortola the stuff that happens in the movies was and is happening …
we the public got so comfortable and accepting of what was happening. Our legal system let us down but now through improved international laws … BVI got the support it needed to bring down this criminal activity that had been going on for so many years.
So sorry if the prolonging of such a serious case is a bother to you.
These men are so talented. If they had used their talents for honest money they could of prolonged their FREEDOM.
With the thugs that the US gov’t employs to enforce their version of ‘justice,’ who can hope to escape their smokescreen?
Hell, if they can kill foreign leaders who they initially placed in power, killing off these boys will be simple matters.
Your right and that is why these boys should have made an honest living. Then we wouldn’t be talking about this in the first place. They started this wheel and now they are powerless to stop it.
where did the alleged drug drops took place? Isn’t it BVI waters? Foolish lawyers.
Thank you, it seems that the BVI dont have any waters. So beware if you do a crime somewhere up in the East, the US apparently can come in and get you. Dont be smoking no joints near the Western end either cause you can be in US hot water if you do.
LOL! Shark, he’s not on the same page with you. He’s saying it dropped in BVI waters so BVI has jurisdiction which is WRONG in this instance. The Lawyer is saying BVI has no jurisdiction to hold the men just because the US says so. They could charge them in BVI and give them bail like they give everyone else. All he’s saying is that the BVI court system had no legal right to hold these men behind bars for almost 6 months, with local charges adjourned. If they win this case I wonder if they can sue the Government?
It seems the DPP erred big time, stay tuned!
Thanks Crank! I sure hope they can sue.
If they dont sue something wrong. Whether im a murderer drugdealer and thief and i get caught and they the government mess up and i can be freed on more than one technicality i will be suing them behinds!! As for this government here the Dpp and Magistrate need to feel it. 2 jamaicans so hmm. Those boys each need to sue. An their lawyers have more smoke up them sleeves too. it dont dne der. they have several loo[ holes!. Bob chad and beazer to hell wit da snith tito ain going from here no time soon. Message to those who too upright and self rightcheous. They arent going anywhere!
THR DRUG DROPS TOOK PLACE OUTSIDE BVI TERRITORAL WATERS BUT INSIDE U.S. WATERS (WITHIN 12 MILES OF ST JOHN)DRUGS WERE THEN STASHED ON NORMAN ISLAND.
Windy you got to be a sicko!!! If you dont have the facts you need to shut your darn trap. They were in BVI waters.
Everyday for the thief one day for the owner
Tell that all!!!!!!!!
At what stage do I call for an investigation into the arrangement which is in place for the defence of the accused. Given the position of the Speaker and Min. of Education in the Law Firm ORION, one would have imagined that from an ethical point of view that firm would have kept its distance from this case. Perception is equally disturbing. It is cynical to suggest that Orion is no longer involved, since Mr. Mckenzey who is a founding partner in the firm is assisting in the case.
It is my hope that this matter would be addressed with dispatch as our credibility will be brought into question, particularly if the case goes against the Crown. Transparency is critical in this case.
Should he tell a paying client “NO!”? This is no different to any criminal case. They’re ALWAYS going to be against the Crown if they’re criminal lawyers, DUHH!! Where do you all dig up these cocka-me-me stories? LOL!! The Prosecution is the Crown! Everytime a criminal lawyer seeks to get his client freed, he’s going ‘against’ the crown.
Unless it can be proven that Myron has inside information to assist his firm, based on his Government position, then nothing is wrong. From how I see it, the UK/Governor are the ones dealing with the sensitive informaiton here, not our Government so it’s no problem. Vernon defended DA against the very Government, it wasn’t an issue.
Real talk you are obviously living in a distance land and you are really talking like someone who believes in absolute freedom to act and speak. Fortunately this is a country which has great respect for the way justice is dispenced with. You may wish to read the article inquestion once more as you have unfortunately missed the mark.
Thank you for keeping it Real cause obviously this Judge didn’t take the Bar Exam..
Just to be clear I’m talking about the blogger and not the real judge
Judge lol …..Mr. Knowles established from the offset that that drop that the U.S. claims and purposely LIED about accord in U.S. waters….this theory was blown to smitherines by experts. The law clearly states that any activity up to 12 miles off the coast of the U.S. territory is in U.S> waters..The alleged drop accord about 30-40 miles away from any U.S. territory coast line. So then that AUTOMATICALLY knocks the U.S. out of any jurisdictive control. That is all Mr. Knowles job is ..TO PROVE the U.S. provided some ILLEGAl document to prevent these guys from their DUE PROCESS. They have been ILLEGALLY DETAINED for more than 6 months based on a document that has no validity in the territory. You see these feds came here thinking that this is some BACKWATER island with BACHWATER judicial system. WELL THEY WAS WRONG because people could actually afford REAL LAWYERS and they din’t anticipate that. DEM BOYS believe they could just produce anytype of HORSESHIT document and do what they want with people. WELL IT’S NOT GOING TO GO SO. POINT BLANK PERIOD.
*occured* must have had cars on my mind smh.
Well said. I hope they got it. Cause you was on point. you went to the big picture!!! FACTS i love FACTS! And u MR. slick presented facts. Well done!! U on lookers need to read and know he is on point and this message should not be taken lightly. Bob them ain going nowhere. why u think them just cooling.
You can run as long as you can and as far as you can, but you cannot hide from the law.
If you live clean you won’t have to be worry about being caught. What’s done in darkness always comes to light.
Oh s**t just heard the news toortola can’t do anyting about it onces thhe us government want u they will go with you so bye bye to all the 5 mans
Did you really used the word “mans”? I want to assume that you made a typographical error. If not, then your English teacher must be crying about the number of years he/she would have wasted on you.
LET MY PEOPLE FREE!!!!!!!!!!!!
seem like you need to get out of the prison that your in …out here drug dealings is against the law. For the future of our children we would like to keep it that way
Now let us reason together, which jury in the USA would know any of the accused. Which jury in the BVI would know or be related to the accused. What is being persued here is justice. If we continue to follow the path of justice for some and ignore or remain silent on the rest, it will only be a matter of time before our flawd decisions catch up with us.
You sound very stupid with this comment what are you trying to say. Everyone has aright to a hearing be careful what you are wanting for other people especially when you have families one day they might get caught up into thing you don’t know. God forgives you must try that.
when the feds wanted my dad back in 88 for conspiracy and the british legal system kept prolonging the case they killed him…hint hint…different day same feds
deathb4dishonor
Co-sign
lol
Why can’t he be convicted and sent on? Is it is money or his connections?
No its your ignorance or stupidity shining through. These things go through a process or hearings which havent occurred as yet. So if you want to convict him, go right ahead you doofus!! Thats is not how the law works.
Are you that retarded? Every man is entitled to a court hearing when accused with such matters. There is a legal process involved, so stop hating and let the legal system do its job.
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