The Supreme Court has denied the prosecution’s appeal against the ruling that Samuel “Ninety” Knowles was being unlawfully detained in one of two extradition applications.
Although this decision means that Knowles would be released from prison, he will continue to be held by the authorities pending the outcome of his second extradition appeal before the Privy Council. This appeal is expected to be heard sometime in the Fall.
Yesterday, Justice Hugh Small denied the prosecution a stay in the first extradition ruling which stemmed from US President Bush designating Knowles a “foreign narcotics kingpin”. Knowles’ lawyers argued that the designation prejudiced his trial.
The judge decided to issue a writ of ‘habeas corpus’, which would release Knowles from unlawful detention on the grounds that his case had been prejudiced.
The prosecution, led by Francis Cumberbatch, had applied for a stay of that ruling.
The prosecution cannot appeal that decision in itself. However, it said that to even apply for habeas corpus at such a late stage of the hearing was abuse of the process.
Yesterday, Francis Cumberbatch told The Tribune that the prosecution will continue to appeal without the stay.
He added that it was not that disappointing a blow for the prosecution because Knowles was still in prison pending the Privy Council’s ruling on the second extradition hearing.
The request was made just after Magistrate Jon Isaacs ordered Knowles released in 2002. It forced Knowles to remain behind bars.
He has been battling since January 2001 to avoid standing trial in the US when his extradition was first requested.
Source: Cara Brennen, The Tribune
