From this point their lawyers now have to prepare a defence within the next few months to prove why their clients should not be extradited and called to answer the charges laid against them. Moreover they must produce rebuttal evidence against that of the prosecution’s. The magistrate ruled yesterday regarding objections the defence raised at the close of the requesting states’ case (U.S.). Attorneys representing the U.S. are Francis Cumberbatch and Gavin Gaskin, while Queen’s Counsel Keir Starmer, Langton Hilton and Jerome Roberts represent the Majors.
The charges on which the couple was indicted include the period August 2, 2002, to January 15, 2003, for allegedly conspiring to import into the U.S. more than five kilograms of cocaine and more than 100 kilograms of marijuana; count two alleged that Mr Major on August 2, 2002, attempted to import into the U.S. more than 100 kilograms of marijuana and more than five kilograms of cocaine. On January 14, 2003, it is alleged that he attempted to import into the U.S. more than 100 kilograms of marijuana.
Case history
Magistrate Virgill, despite throat difficulties, read her lengthy hand written ruling responding to submissions from the defence at the close of the prosecution’s case. The defence stated that the court had no jurisdiction to consider the charges of conspiracy and attempted importation. The attorneys also stated that the evidence was inadmissible and insufficient, and that there was a lack of evidence against Mrs Major. Additionally they called the ATP defective.
Magistrate Virgill explained that the ATP was directed towards the court and that she was satisfied that the couple and their lawyers were fully aware of the offences for which their extradition was sought. The magistrate said the Majors suffered no unfairness and that the ATP was not defective. She also stated that the court had jurisdiction to hear the case.
Regarding the police and drug enforcement officers who spoke in their affidavits about identifying the voice of Mrs Major, Magistrate Virgill said they were knowledgeable and able to identify the voice. Moreover she said the officers had authorisation to conduct the wire taps. In relation to the accomplice evidence being inadmissible, she accepted the evidence of Beckett William Turnquest and Johnathan Cartwright.
On the point that Mrs Major did not have a case to answer, the magistrate accepted the prosecution’s view that she was involved in the operations, as she was the treasurer revealed by the transcripts of intercepted calls. The magistrate also stated that the offences contained in the ATP were offences under Bahamian law and fell in line with the extradition treaty between the U.S. and The Bahamas.
For the defence, Mr Roberts indicated that they may call people to testify in their defence or present affidavits which would only take about a day to wrap up. The next date in court is July 9. Until that time the pair remains remanded in prison.
Jimenita Swain, The Nassau Guardian
