UPDATE: Judge’s reasons for blocking extradition in drug case
BVI News Staff - Tuesday, September 18th, 2012 at 11:12 AM
Carlston Beazer (left) arriving at court.
Reading from a judgement that is more than 30 pages long, Justice Albert Redhead ruled in the High Court this morning, that the March 13 ruling by Senior Magistrate Valerie Stephens to have five men extradited should be quashed.
The five, Earl Bob Hodge, Chad Skelton, Roberto Harrigan, Carlston Beazer and Juan Valdez, are wanted by US authorities in relation to their alleged involvement in a drug ring.
The Judge, in rendering his decision on September 17, mentioned the same issues of authority and forum that had been cited by defence counsels, in their argument against the magistrate’s ruling.
Justice Redhead said: “In my conclusion, I hold, among other things, that the order by the Learned Magistrate to extradite the applicants was null and void as it was based on an invalid authority and, in addition to the reasons given above, the order of the Learned Magistrate to extradite the applicants to the United States of America is quashed. It is hereby declared that the appropriate forum to try the applicants for the alleged drug offences is the British Virgin Islands. I must confess that it is not with any pleasure or gratitude that I have arrived at these conclusions, but that is the law as I see it.”
The defence’s argument on the authority to proceed was first made in the Magistrates Court, before Senior Magistrate Stephens, by Queens Council (QC) Julian Knowles who is representing Earl “Bob” Hodge.
The QC, at that time, told the Magistrate in his submission: “You have no valid order to proceed and, without a valid document, you have no jurisdiction.”
Knowles who articulated his point well announced that there are two components to the request; namely the request from North Carolina and the request from Florida.
W hat he noted as 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.
The Queens Counsel noted that there is no order to proceed and he explained that, in the absence of the order, there is no jurisdiction.
He said: “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.”
Hodge’s representative 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.”
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 Director of Public Prosecutions (DPP) was 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 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!”
Later in the High Court hearing, Alun Jones, QC who was retained to lead the Prosecution team supported the Magistrates views on the subject and stated that the 1870 legislation applied.
Forum Issue
The defence attorneys had presented a case in the High Court on forum which examined whether the men should be tried in the territory or in the United States. In making their case, they raised concerns about entrapment.
However, Prosecution Counsel Jones informed the court that an extradition matter does not require corroboration in order to establish a prima facie case. He said that in relation to the forum and entrapment issue the entire allegation should be looked at.
The Queens counsel stated that it is the Crown’s view that the forum issue, which raises the question of whether the defendants should be tried here or not, is a point to be taken up with the governor.
“To say that they should be tried in this jurisdiction rather than a US jurisdiction is a matter to go before the governor,” Jones stated.
The Crown’s representative said the forum argument was never directly raised by the defense in the Magistrate’s Court other than a mention from Skelton’s counsel. Jones said that most of the previous defense argument dealt with constitutional right rather than the forum subject.
However, the Crown’s representative noted that he was not at the Magistrate’s Court, and therefore could not say whether or not the issue was raised even as a throw line. He explained that there is no mention in the evidence.
In her decision, Magistrate Stephens had stated that in her view, there was sufficient evidence to allow the five men to be extradited to the United States to answer to drug related charges.
She also addressed concerns raised by the defence about the order to proceed and her jurisdiction.
Magistrate Stephens said: “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 also announced that, prior to her decision, she spent late nights and hours looking at submissions and law and, in the end, came to a conclusion.
Meanwhile, the five men remain on remand.
Representation is as follows: Lord Kenneth Macdonald, QC and Tana’ania Small-Davis for Skelton; Edward Fitzgerald, QC and Patrick Thompson for Harrigan; Julian Knowles, QC for Hodge, Richard Rowe for Beazer, and Stephen Daniels for Valdez.
Copyright 2013 BVI News, Alliance News Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
76 Comments
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what I think is Magistrate Stephens is sitting as a Judge is the BVI too long, no Judge should be sitting for so long, I think 4 years should be maximum for Judges, otherwise it leaves room for corruption. which is already happening.
OMG. some aw dem cum wid dey suitcase tie up wid ropeyarn. BVI mek dem big. Know Stephens was not objective in her comments for we indigenous BVI people.
Who have de stick will push dey farthest.
See wha we rollin wid yo in or yo out.
u does really know the haters and the criticizers them! but guess wa haters gonna always hate! i for who for me! missin u cuz one day things must get better!
guys the judge has made a decision and i’m ok with it. for all you haters that’s hating on Bob and the guys there is a quote for you(when you live in a glass house don’t throw stones)cous keep your head up and stay strong it’s just a matter of time now.
Haters???? Negro please, we free, last I checked ain’t nobody telling me when to go sleep and when I can go outside.
Why you idiots call people haters because they don’t support drug dealers? Decent people don’t condone wrong doings, especially the criminal activities of these low lives who destroy families.
America is the biggest drug smuggler in the world. Matter of fact them get rid of the man on the street only to legalize drug pharmacies on the corners. If we really want to stop the drugs from being smuggled lets start with the Bush family and their illegal war in Afghanistan where they have the US troops over there guarding the OPIUM crops. These US politicians and Bankers along with EUROPE and Britain have been doing this for years. Just do a history on the Opium trade and see who was always behind it. Start with the source to stop the problems. No matter how they sling it we cannot cure the problem unless we stop it at the source.
You wrote all that gibberish to say basically in your lil under developed mind two alledged wrongs make a right….
It’s not gibberish it’s the truth. But because you let the mainstream media fry your brains with bullshit you would never decipher what’s really going on in this world. It has nothing to do with two wrongs and right. It has to do with a bigger picture with destruction of lives but the focus being on one segment. The pharmacies and alchohol shops has caused more destruction in the world than any drug person can do. It’s not saying the drug person is right, drugs is illegal and I don’t support it. But how many of you condemn doctors, pharmacies and alchohol companies for their product? NONE!
@ **** you must be a monkey! You can’t see past your rear end because you so far up the main stream media waste bucket. Please comment when you have your fact instead of trying to act like you know something by commenting. Stop being a monkey following the crowd and read and open your eyes for a change! It is blind bats like you who cannot see you cannot cure anything if you start with the symptoms of it. Matter of fact thats why so many are dying today because they treat the symptoms instead of curing the disease. You are so sad a real monkey indeed!
after all this talk and fancy defense
Long trial and perhaps sentence
- -oops! Balsam Ghut
you mucked it up!
out they slipped through da prison fence
Well said, Johnny…….alot of Our OWN like the america culture and society soo much that we will sell out our own just to please/suck up to them……Get off The US LAP, cuz dem aint Santa Clause!!!!
!!!!Is ayo KINDA people who SELL WE OUT TO SLAVERY MANY YEARS AGO!!!!!!Is ayo kinda people who SELL OUT Marcus Garvey!!!!!!!!
NOTHING AMERICA DOES IS WRONG!!!!!A HUGE WAR HAPPENED AND MANY WERE KILLED OVER FALSE ACCUSATIONS OF WEAPONS OF MASS DESTRUCTION!!!!!!!Who Get lock UP????????????????FOOD FOR THOUGHT!!!!
WE COULD HANDLE OUR OWN shit!!!!!!!POINT BLANK!!!!!!
Really is that why it was alledgely going on for 13 years. Let me know when the BVI was going to deal with a matter in which the allegations state it was going on for 13 years let me know when they were planning to address it ..ROTFLMAO!!!! Some of you condone too much Bull**** so you would justify anything.
Ayo really thought them woulda go with THE BOSS!!!!!
Bob is a Legend on Tortola…….
Many Years after he is dead , there is no doubt that they will MAKE A MOVIE OF HIM………
P.S. Not All drug dealers who make millions are locked up or dead……
Who dont like it, jump offa cliff because, it did go to court and THE CASE WAS HANDLED BY A JUDGE………so i could say what i want!!!!
WE HAVE OUR OWN LAW!!!!!!!
AYO GO TRY LOCK UP GEORGE BUSH!!!!!
(EFF)(YOU)(SEE)(K) DA FEDS!!!!!!!!
This is a travesty of true justice. Redhead used his power to traverse justice. I believe that he is suffering over this decision because he knows it is not right. People have been extradited from the US to the BVI to stand trial, so why is there a law now to protect certain drug dealers because of who they are from being extradited to the US to stand trial for allegedly being responsible for shipping vast amounts of drugs to.the mainland? Even the Devil is shaking over this one. When people look around this community and see the effects of drugs on human lives, it is beyond me how they can support drug dealers. God’s justice is swift Mr. Redhead. You have a cross to bear, and I hope when you meet God’s swift justice, you will be ok with it. The people here including myself, had the utmost respect for you, as a fair and balanced judge who send a strong message that criminals will be severely punished for their crimes. It took you two months to lose your credibility by this WRONG DECISION that you have rendered in this case. Not just here in this small community you are now very unpopular, but I believe regionally, and globally as well.
Don’t be silly and let your emotions override your sense of reasoning. If you were following this case in depth you would not make such a nonsensical comment. If you notice, Justice Redhead was in no way pleased with the decision he rendered. Please learn how the law and its procedures work before you are quick to cast judgment on Justice Redhead.
Do you know how the law and procedures that Justice Redhead used to make his decision work? Why don’t you spell it out for us? And please be informed, my emotions are not getting in the way of my reasoning. I see a certain immigration officer from right here committed offences by letting people into the US, and spent jail time in a US prison. So. Extradition between the US and BVI are null and void. You agree with Redhead LAW, and I don’t.
How do these lawyers sleep at night? They work so hard to find a loophole in the law so that criminals can get off scott free. Do they have any thoughts for the families whose lives have been ruined by the drugs sold? Do they have any thoughts about the number of lives that have been lost in process of sniffing the white powder? Do they have any thoughts for those others that were caught up in the drug trade and murdered/ Do they have any thought about how our society has rapidly gone downhill due to a few peoples greed and insensitivty? How do these lawyers sleep at night with a clear mind – its disgusting!
Your name is WILBER? LOL HUSH
How do the US Lawyers sleep at night coming all the way to the BVI to take locals to their prisons for crimes allegedly committed in the BVI? Are you an idiot? Lawyers are not pastors, they’re there to practice LAW. The LAW states that they cannot be sent to the US for crimes committed in the BVI. Which part of that didn’t you understand? Get your emotions out of it. Let them have their day in court in the BVI under our LAWS and in accordance with our Constitution. What you are saying is just because you want them gone to the US the Judge should’ve ignored our Laws? Just because you don’t like something that doesn’t make it wrong.
It is easy. Lawyers have no conscience
That may be true, but the judge has to follow the laws on the books. If the law was not followed, well then, the extraditon could not have taken place. That is ugly truth.
DEM LAWYER DOIN A SERVICE IF WAS UR CHILD U WOULD WANT DEM TO FREE UR CHILD SO HUSH
No single judge should be allowed to rule on such serious and “dangerous” matters which involve so many people and such broad geography. I am not trying to say Justice Redhead was incompetent, BUT our reality is that we cant afford the “BUT”.
People here working for government in the immigration department served time in a USA prison for giving leave to people to enter the USA illegally. These people were using BVI as a trans-shipment point to transport drugs to the US. From the time I see how long Redhead took to come back with his decision I know that something was wrong. Redhead, you can talk all your legal jargon, but just know that God still sits on His throne, and He does not like ugly.
The men will be considered WANTED FUGITIVES from justice by the US Federal Government. The US Government may try to enter the BVI and kidnapped the men and lock them in a Federal Prison. BVI be careful we cannot with stand the US might.
Wow, who made you so stupid? I think that tops my list of the most stupidest comments ever made on the BVI news blogs. LOL
Null and void means it didn’t happened plain and simple
Like the earlier comment suggested I don’t think you could get any dumber….It simply meant that the judgement Valeris handed down to send these man away was crap…thus making it NULL AND VOID lol freaking jester.
Im not agreeing with what they allegedly did, however, Im glad that they are not releasing them to the USA. the USA always want people to give them their citizen but they dont want to give up any of theirs when they do wrong in someone else’s country. Look at the case where the man kill his wife and run back to Boston r they going to send him back to tola. No Keep the boys there and give them hard labor no lobster some hard oatmeal. and water for a few days will be what they need.
Didn’t the US send Swain back down here??? WTF exactly is your point? Because the example you give contradicts your point…SMDH
the point is you are dumb . If you dont have anything to say nice keep your doggone comment to yourself. If your vocabulary is so low I can see how uneducated you are just saying choose better words when you want to be heard. Thank u. I know what I am talking about it is for your ignorant behind to understand what I am saying R E A D B E T W E E N THE LINES. LOL
Wait I am supposed to be dumb because you say it? You are dumb because your simple minded post proves it. Only an imbecile will post something and try to validate their own argument with a something that contradicts it…ROTFL If you can’t post a valid point keep your remedial behind away from the computer.
I am too intelligent to be arguing with u or wasting time replying to your unintelligent comment. On that note mind yours. I can be on my computer anytime I choose. The last time i check, I fork up the dead presidents to buy my laptop. eat your heart out. no more replying to you off to better things. Bye!!!!
They will be freed under some sort of technicality. Mark my words!
Only in the BVI
They will almost certainly not be freed. There will be an appeal to the Privy Council, and if that fails there will be a trial in the BVI. However, irrespective of how the matter proceeds, they will almost certainly not be given bail.
knight rider-former crown prosecutor.
I share the views of the former crown prosecutor,” Knight ride” The Hon Judge should be highly commended on a point of law and not on a point of personal opinion.
Innocent until proven guilty
They will now intimidate the local jury and pay off who they can and walk scotch free!!!!!
IF they are tried here they might as well build that new wing at the Prison that Myron spoke against recently. Up there will be packed with Police and Politicians. You think Bob will go down like that? Think again. It will be very interesting to see how it plays out. Many have gotten the shittings already with this verdict..
Exactly right! And sadly as can be seen from the blogs too many people here dont have the sense they were born with and think of these guys as heroes – they are not heroes – what they are cannot be printed
Now they are going to stand before Redhead for the hearing. Let’s wait until then…
HUH? What is NULL and VOID?
Your brain cells it seems!
You have the internet obviously so look it up.
They still will be tried for the crimes in Tortola. They’re not going free. The judges ruling is where they will be tried; not the USA.
Being tried in the BVI is like going free. Check past cases….smh LOL!!!
So they will be found guilty and sentenced to time served. They should be out in time for Christmas with their families.
Then if that happens all BVIslanders should lower their heads in shame for supporting laws that reward criminal behavior. It’s is shameful that no one wants to help vicitims of crimes yet so many wrap their arms around, and protect, those who do harm on others. The BVIslanders may as well burn the churches they pretend to practise Christianity inside and instead erect alters reaching to the evil idols God warned mankind not to worship. This may not be a case of a factual golden calf, but worshipping greed and protecting those who do wrong to find rewards in life is the same thing!!!!!!!!!!!!!!!!!!!!!!!!!
Stop writing nonsense and go read the details to the judge’s decision. Judge Redhead was thorough with his decision. Try to understand the reason for his decision then make your comment.
My comment has nothing to do with the judges decision. He interpreted the law and that was his response. my comment has to do with Proactive’s comment that these men will all be free by Christmas. That will be a sad day if the BVI does not find these men guilty of drug smuggling and lock them up for 10-20. These men are criminals, far from heroes that so many are trying to suggest. I bet if any of these hero worshippers got in these guys way in there acts of dealing with the drug lords and smuggling in the cocaine that they wouldn’t have thought twice about taking the hero/idol worshipper out. That’s what kind of scum drug smugglers/dealers/pushers are!!! Those are the people that the BVI wants to protect and keep out of jail???? Strupes, that is pathetic!
are you sure?>>> they will not get time served? Not trying to be a smart @$$.. but they have been locked up for a while, and i heard that there is some type of loop hole.. wherein the bvi court have to grant these men bail now…does anyone know?
Boss Hogg I sure ur a piglet all on bob peanuts. Go take a hike! Okay they not going with my the crew. Once you know the law! Hmm boy you can untangle your self. Lets wait for the next episode.
Willy wonka……..YOU SOUND LIKE A SWEET @SS pedophile, who like to lure children with your candy………..we also kno that they are alot of rapists like you on this island(fact)….AND the LAW stated that they are not going to be extradited (fool)…….And this aint a tv show JACK, this is real life ….. So take a reality check, not reality show!!!!SMFH at you ignorant @ss Holes!!
>>AS IF>> …that verdict was expected..shameful..but lets wait and see how this plays out. this is just a moment in tme…no one knows what the rest of their lives is going to be like…watch and pray.
I WON MY BET. Even though I was scoffed at the time and ridiculed. Saying it would never not happen.
We was all ridiculed but you sir were not guided by blind hatred but listened to the facts and came to a rational conclusion. give yourself a HIGH FIVE.
FREE BOB HODGE!!!!
If the law and the state cant get them the colombians and other druglords will. i would advise them to take their freedom and run
THIS MESSAGE IS FOR ALL YOU HATERS WHO HAD SOMETHING NEGATIVE TO SAY ABOUT YOUR OWN PEOPLE… REGARDLESS OF WHAT CRIME THEY ARE ACCUSED OF, REMEMBER THEY ARE INNOCENT UNTIL PROVEN GUILTY… AND A LOT OF YOU WERE LAUGHING AND TALKING BULL, SO TAKE THE VERDICT AND SUCK ON IT!!!!!!
IDIOT!!!
Well said, johnny…….alot of Our OWN like the america culture and society soo much that we will sell out our own just to please/suck up to them……Get off The US LAP, cuz dem aint Santa Clause!!!!
!!!!Is ayo KINDA people who SELL WE OUT TO SLAVERY MANY YEARS AGO!!!!!!Is ayo kinda people who SELL OUT Marcus Garvey!!!!!!!!
NOTHING AMERICA DOES IS WRONG!!!!!A HUGE WAR HAPPENED AND MANY WERE KILLED OVER FALSE ACCUSATIONS OF WEAPONS OF MASS DESTRUCTION!!!!!!!Who Get lock UP????????????????FOOD FOR THOUGHT!!!!
WE COULD HANDLE OUR OWN shit!!!!!!!POINT BLANK!!!!!!
This is a small community and it is public knowledge of every body who is dealing in drugs. All you idiots who talking about freeing those guys don’t have any conscience. Do you people who support drug dealers really believe in your hearts that drug dealing is OK? I will like to know what reason someone can have for supporting any one peddling drugs. You can be my child and you out there selling drugs I will not support you. You people have no decency.
good god this is not happening!
Leaving aside the legal merits of this case, our friends stateside are not going to like this. Hell no.
Ayo really thought them woulda go with THE BOSS!!!!!
Bob is a Legend on Tortola…….
Many Years after he is dead , there is no doubt that they will MAKE A MOVIE OF HIM………
P.S. Not All drug dealers who make millions are locked up or dead……
Who dont like it, jump offa cliff because, it did go to court and THE CASE WAS HANDLED BY A JUDGE………so i could say what i want!!!!
WE HAVE OUR OWN LAW!!!!!!!
AYO GO TRY LOCK UP GEORGE BUSH!!!!!
(EFF)(YOU)(SEE)(K) DA FEDS!!!!!!!!
F. R. E. E. D. O. M !!!!!!!!!!
How can you possibly celebrate this and state FREEDOM, how many peoples lives have they ruined peddling their drugs, how many mothers cry every night at their children lost to drugs due to these guys. We have some warped people here,you can hardly claim they innocent.
@OMG you tell the sensationalized story to the war on drugs; here’s reality. I for one came from a huge family with lots of cousins around my same age (early to mid 20′s). Not once have any of us done or been interested in doing drugs. Nor do our hundreds of friends. Drug smuggling, although wrong, is not a new thing. It has been happening for years if not centuries. The world (America the number one consumer) has allowed it to get out of hand partly because of their own greeds. This is an important fact that cannot be ignored. You can’t create such a big mess and expect the world to fix it. They always say lead by example. Kids will most likely follow in their parents footsteps. That’s why when people say fathers and mothers (especially fathers) need to play an active role in their children’s lives people need to listen. That’s what we need to be pushing for. We have to build up our own households and stop letting these kids (teens especially) roam free and blaming the world for our kids problems.
For every drug bust there’s hundreds more that were successful. I don’t agree or support the drug trade but at the gazillion dollar level that it’s at now, tell me how you and your million dollar industry will stop it when greed is so rampant in this nation. Stress kills just as much as drugs do. Trying to worry about cleaning up the messes that America has created is very stressful. America is busy bullying other countries to try to fix something they let get out of hand. Let these men stay here and face trial and let America go seek counseling for all the messed up children they are rearing up as a result of neglect. I can go on and on and I think I did but i’ll stop now.
True, I love you. I don’t know whether you are male or female, young or old, but you are as wise as can be. Please continue to blog as finding a brilliant blogger on these sites is most difficult. Well well said.
I lived and worked in America for 10 years and I was the only person on my job not using drugs. They thought I was crazy and this was in the 90s. 2012, well you can guess the rest. We all have choices. There is good and evil in the world. Help you children to choose good and don’t forget to ask God to help him or her make the right decisions.
Good Grief
only a straight jack a@@ could rationalize the drug market and make the victims solely responsible. Your name should be Proud a$$ rather than BVIslander.
At Hmmm, I never said anything about the victims solely responsible. Just take that ten off the street and 30 more will replace them overnight. You can’t beat the system. Too much Benjamins involved. It doesn’t mean let them all go free when caught. It means dry up as much as you can especially in a small island like ours the user base. And I am a BVIslander and Proud. Let’s keep praying for our children.
CRIMINAL
They will be FREED! Party this weekend ya’ll.
A man is entitled to face his accusers.
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