Magistrate Carolita Bethel ruled yesterday that the telephone recordings of seven Bahamian men wanted for extradition to the United States were admissible as evidence, shooting down arguments to the contrary by the men’s defence attorneys.
The magistrate also ruled that the authorization for the voice intercepts was valid.
Defence attorneys including Maurice Glinton, Jerone Roberts and Anthony Moss challenged the authenticity of the process and argued that it bordered on a constitutional infringement.
But there are other constitutional grounds on which the lawyers are challenging the men’s extradition to the U.S. For instance, the defence is challenging the Listening Devices Act which gives the Commissioner of Police the authority to permit the recording of private conversations. Mr. Moss cited this challenge as the main one.
There is also the question of the validity of the men’s arrest based on the provision stipulated in the search warrants.
On Monday, Magistrate Bethel asked Mr. Glinton if he would have preferred to file a constitutional motion, or have the matter referred by her to the Chief Justice of the Supreme Court.
Mr. Glinton chose the latter, with the magistrate promising to make the referral by the end of the day.
Magistrate Bethel ordered the men to return to court on January 23.
“She is going to have to be able to tell us what has been the outcome of her referral of this matter to the Chief Justice,” said Francis Cumberbatch, the prosecutor representing the Crown.
He explained that the matter could ultimately be dealt with, if the men are committed, by an action of habeas corpus or through judicial or the Chief Justice could order a trial to be held.
The men wanted for extradition are Trevor Roberts, Sheldon Moore, Brian and Lynden Deal, Devroy Moss, Shanto Curry and Gordon Newbold.
An earlier ruling of the Supreme Court had determined that the Extradition Treaty between The Bahamas and the U.S. was null and void. But that was ultimately overturned by the Court of Appeal, with the lawyers attempting to have the Privy Council grant a stay of the appellate court’s decision.
The treaty allows U.S. officials to seek the extradition of anyone in The Bahamas who is believed to be guilty of a crime in the U.S. or against the United States. It also allows The Bahamas to do the same for suspects in the U.S. who are wanted here.
By: Stephen Gay, The Bahama Journal
