Court rules US documents admissible

Senior Magistrate Jo-Anne Connor yesterday ruled that the bundle of documents submitted to the Attorney General’s office by the US State Department requesting the extradition of Lance Small, was admissible into evidence. The ruling came following several arguments against the admissibility of the bundle by defence attorney Pamela Elder SC. Elder had questioned the authenticity and certification of the documents, particularly an affidavit sworn to by the main US witness Keith Glaude. The affidavit had not been certified by a Commissioner of Affidavits.

Connor said the documents, including Glaude’s affidavit, had satisfied the conditions stipulated by Article 8, under which the documents had been sought to be admitted into evidence by attorneys for the State, Douglas Mendes SC, David West and Dana Seetahal. Although the affidavit was “defective,” she said, there were other elements which deemed it valid. “The attached certificate, penalty clause, Notary Public’s signature and stamp validate its authenticity and certification,” she said.

The bundle was tendered into evidence after its identification by Cheryl Blackman, Permanent Secretary at the Ministry of the Attorney General. Blackman, who had given evidence on April 14, was yesterday cross-examined by Elder. The defence attorney later submitted that the amendment to the Extradition Act on April 2 was not retroactive and could, therefore, not be applicable to the offences allegedly committed by her client in May 2001. 

She also argued that there was ambiguity in the Act regarding the offences and “whenever there is ambiguity in the legislation, the ruling is always in favour of the citizen.” Elder will continue her submission on May 6. Small, also known as Olive Enyahooma-El, is wanted in Fort Lauderdale, Florida, where it is alleged that on May 30, 2001, he attempted to import 60 AK-47 rifles and ten Mac-10 machine guns with silencers into Trinidad.