Small’s case goes to High Court

The extradition matter facing Muslimeen member, Olive Enyahooma, also known as Lance Small, was yesterday temporarily stayed in the Port -of-Spain Magistrates’ Court, after Magistrate Jo-Anne Connor ruled that the issue of constitutionality must be dealt with at the level of the High Court. Small, who is wanted in the United States for attempting to import 60 AK-47 rifles and ten Mac-10 machine guns with silencers to Trinidad on May 30, 2001, is facing extradition to the US.

His attorney, Pamela Elder, SC, last week argued that her client’s protection and fundamental rights were not being protected. According to Elder, under the constitution, Section 14 states that once a citizen in any proceeding states that a law infringes his rights, the matter must be sent to the High Court, unless the judge considers the matter frivolous or vexatious. However, quoting a number of legal authorities during his submission, attorney representing the State, Douglas Mendes, argued that the constitution already provides for the protection of Small’s fundamental rights, and deemed Elder’s submissions “frivolous and vexatious.”

After hearing submissions of both lead attorneys, Magistrate Jo-Anne Connor ruled that there was in fact sufficient basis for the matter to be referred to the High Court. Noting that it could take quite some time before the matter is called at the High Court, attorney Elder questioned Magistrate Connor on whether bail would be granted to her client. Acknowledging that she was in no position to grant bail, The Magistrate said she will try to have the matter expedited. In the meantime, she said, Small should apply to a judge in chambers for bail.