Prosecutor Francis Cumberbatch asked Magistrate Carolita Bethel on Monday to adjourn the Viktor Kozeny extradition hearing because he (Mr. Cumberbatch) was not prepared to respond to defense submissions.
οΎ The judge granted the request, adjourning the matter to March 8, but warned that if he isn’t prepared to proceed she would consider granting bail to Kozeny, who is wanted by U.S. officials to face charges he bribed officials in Azerbaijan in an attempt to take control of the state-owned oil company.
Mr. Cumberbatch was expected to respond to the submissions that the defense made week before last on behalf of Kozeny, a Lyford Cay resident who has permanent Bahamian residency.
Kozeny’s attorneys had challenged the right of the United States to seek their client’s extradition given that he was neither a U.S. citizen, nor a resident and was not in violation of an offence under Bahamian law.
However, Mr. Cumberbatch explained to the court on Monday that he was awaiting a supplemental bundle of documents from U.S. authorities, which includes a document that he wanted to submit as evidence.
He also indicated that he was awaiting an opinion from the U.S. on the Foreign Corrupt Practices Act, which forms part of the basis for the U.S. extradition request. This consideration, he said, may alter the requesting state’s case.
U.S. prosecutors are alleging that Kozeny and several others were involved in the plan to bribe officials in Azerbaijan and want to try him in a New York court.
Mr. Cumberbatch told the court that he has a series of other matters in the Supreme Court and Court of Appeal that will take up a lot of time.
Defense attorney, Clive Nichols, objected to the request for an adjournment, arguing that his team was anxious to proceed with the case.
He said that he was surprised that Mr. Cumberbatch was unable to review his submissions and questioned the effect that other commitments could have on the case by prolonging it any further.
Mr. Nichols also used the opportunity to once again ask the court to reconsider granting Kozeny bail.
He said that the fact that Kozeny is actively taking part in his defense, and that the team is presenting a solid case, is a good reason to grant bail.
Mr. Nichols reminded that Kozeny has been on remand at Her Majesty’s Prison since being arrested back in October.
The attorney said since his client is a Bahamian resident, he has nowhere else to go.
But the prosecutor quickly objected to bail, again calling Kozeny a flight risk. After refusing bail, Magistrate Bethel set the new hearing date and Kozeny was taken back to the Fox Hill prison.
By: Stephen Gay, The Bahama Journal
