Don’t delay hearing, pleads Mendes

SENIOR COUNSEL Douglas Mendes pleaded with Justice Prakash Moosai yesterday not to delay the extradition hearing of wanted fugitive Lance Small by hearing any habeas corpus application. Mendes, who is representing the Commissioner of Prisons, said the habeas corpus application brought by attorneys representing Small, should not have been entertained until the extradition proceedings have been completed in the Magistrates’ Court. Last Friday, attorneys filed an application for habeas corpus on behalf of Small, who is wanted in Fort Lauderdale, Florida, on charges of conspiracy to possess 60 AK-47 weapons and ten Mac-10 machine guns with silencers.

Justice David Myers, presiding in the Port-of-Spain High Court, ordered the Commissioner of Prisons to bring Small to court yesterday so the State can justify his continued detention. When the matter was called yesterday, it was before Justice Moosai. Mendes, who is leading David West, Dana Seetahal, and Randy Primus, said he did not have time to file affidavits in response to what Small had tendered. But Mendes said he intends to take a point that Small’s application at this stage is an abuse of the process of the court. He asked that the court hear his preliminary submission first before it embarks on the substantive issue. Justice Moosai asked: “When can you file the return (affidavits)?” Mendes asked for a couple of days. He said the extradition hearing before Senior Magistrate Joanne Connor was adjourned to April 26 because of the habeas corpus application. “If the submission I wish to make is accepted, then I would submit that the extradition proceedings be continued on Monday. This application ought not to have been brought until the extradition proceedings have been completed,” counsel added.

Pamela Elder SC, who appears for Small, said even though a time table is set to hear the habeas corpus application, the liberty of her client remained foremost in her mind. “This subject, this fugitive for whom I appear, has been unlawfully detained for thirty-something days. He was detained on March 6. Justice Ventour (Sebastien) ruled that his detention was unlawful. He was immediately arrested on the same evidence based on an amendment of the law. This matter should be proceeded with expeditiously,” she argued. Elder said Small was an elderly citizen. “He is 69 years old, he is entitled to have a Judge of the High Court determine whether his imprisonment is lawful or unlawful. Already, Justice Myers has determined there is a prima facie case of unlawful detention of a citizen.” Elder said Mendes’ proposed submission was the same one which he argued before Justice Ventour last month. But Mendes said while it may be the same, the situation is different.

He said when he made the submission before Justice Ventour, the extradition case did not start. “Now,” he added, “the proceedings are underway before the magistrate.” Justice Moosai questioned, “What about the issue of retroactivity? Is this the only issue in this case?” Mendes said it was the only issue, one which can be argued before the magistrate hearing the extradition case. He said the extradition proceedings were nearing completion and asked that there be no further delay. Elder responded, “it stuns me to hear my learned friend say the proceedings are almost completed. We have only just begun. These proceedings are never short. I disagree that the extradition proceedings are almost complete.” Hearing was adjourned to this morning.