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Lawyers Take Advantage of Dysfunctional Bahamian Courts

Attorneys for four alleged drugs dealers have used the Bahamas’ corrupt and dysfunctional legal system to their advantage in keeping their clients from being extradited to the United States on drug charges.

Originally charged in 2004, attorneys for the men have used a number of tactics to evade extradition.

Trevor Roberts, Devroy Moss, Gordon Newbold and Sheldon Moore are among seven men who are wanted by the U.S. government for of drug crimes.

Murrio Ducille, who represents Newbold and Moore, challenged the integrity of the wiretap evidence presented by government prosecutors.

Maurice Glinton, the attorney for Roberts and Moss, said there was not enough evidence to support his client’s extradition.

The case is being heard by Deputy Chief Magistrate Carolita Bethell, who was once accused by a defendant of soliciting bribes to enable a drug kingpin to avoid extradition.  That particular dealer said he refused to pay the bribe.  He is currently in jail in the United States.

Attorneys for the men have used a variety of stalling tactics, over a seven year period, to prevent the hearing from reaching a conclusion. This could only be achieved in the corrupt and dysfunctional courts of the Bahamas.

In 2007, the Privy Council dismissed a foolish argument that the bilateral extradition treaty between The Bahamas and the United States was unconstitutional.

The court dissed Mr Glinton’s ridiculous argument saying, “Their lordships are of the opinion that there is no merit in any of Mr. Glinton’s arguments.  There has already been an inordinate delay in these cases due to the time that disposing of the arguments has occupied at first instance and on appeal. They respectfully agree with the Court of Appeal that the committal proceedings should continue as expeditiously as possible.”

Despite that, four more years have passed, as a Bahamian judge continues to allow defense lawyers to present foolish, unsubstantiated and ridiculous arguments designed exclusively to delay the case.

The proceedings were delayed further when lawyers for the men challenged the lawfulness of the Listening Devices Act, which gave police the authority to eavesdrop on their phone calls.

The inane argument was dismissed by the Court of Appeal  in 2010. The court again ordered the matter to proceed expeditiously.

Then Court of Appeal president Dame Joan Sawyer said at the time, “This is now the fourth time that these matters are being remitted to the learned magistrate, which ought not be since the hearing before the magistrate is only a preliminary inquiry.

“These multiple applications serve only to make a mockery of the administration of justice in this country and put the learned magistrate in the position of not being able to abide by the orders of the higher courts.”

The men appealed the decision to the Privy Council, but they did not get the court to stay the proceedings before the magistrate.

Deputy director of public prosecutions Franklyn Williams represents the U.S. government.

After all that, Magistrate Bethell still has postponed the case to give defense attorneys time to prepare more detailed arguments based on other ridiculous defenses.

The cases will continue on October 7.

Lawyers for Lynden Deal, Bryan Deal and Shanto Curry will also present no case submissions at that time.

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