Lawyers from the Attorney General’s office, representing the US government, are now believed to be seeking a stay of the ruling, to prevent Knowles being freed from proson immediately.
The ruling, handed down by Justice Hugh Small, said there are ‘”substantial grounds for concluding” that Knowles might not be getting a fair trial in the US because President George Bush prejudiced his case by designating him a “foreign narcotics kingpin”.
The ruling comes as Director of Public Prosecutions Bernard Turner and lead prosecutor Francis Cumberbatch are in Washington, DC, where it was announced yesterday that a Bahamian drug trafficking gang had been smashed in a major multinational operation.
Knowles’ lawyer Edward Fitzgerald, QC, successfully argued under the Foreign Narcotics Kingpin Designation Act in May 2002, the president prejudiced Knowles’ case, as judicial proceedings against him were already well underway.
Knowles has been lumped together with such people as Saddam Hussein, Osama Bin Laden and Slobodan Milosevic, who are included on similar lists, Mr. Fitzgerald argued.
Knowles was one of seven “kingpins” added to the list of around 40 in May 2002, making him the target of sanctions blocking him from any financial dealings with US companies or citizens.
The Extrdaition Act states thata person shall not be extradited if they might as a result “be denied a fair trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or opinions”.
In this case Knowles was deemed to have been discriminated against on the basis of nationality, as only a non-US citizen can be a “foreign narcotics kingpin”.
Mr. Fitzgerald argued that if Knowles were sent to Florida to face charges there would be media reports of his designation as a kingpin, so it would be very difficult to find a jury that was not prejudiced.
He also argued that Knowles would not have “unimpeded access” to legal representation as anyone receiving money from him is required to obtain a licence from the Office of Foreign Assets Control.
Source: Robert Bain, The Tribune
