Lance Small faces extradition to US

WANTED fugitive Lance Small has lost another round in his attempt to avoid extradition to the United States to face gun-related charges. Small, 69, also known as Olive Enyahooma-El, lost his constitutional motion yesterday in which he was contending that the 2004 amendment to the Extradition Act infringed his constitutional rights and was also discriminatory against him. But Madame Justice Mira Dean-Armorer, presiding in the Port-of-Spain Second Civil Court, dismissed Small’s motion and ordered him to pay costs fit for two attorneys. The way has now been cleared for the extradition hearing to resume before Magistrate Joanne Connor on August 5 at the Port-of-Spain Magistrates’ Court.

Small was indicted by the United States Grand Jury on May 23, 2002 on charges of conspiracy to possess firearms, contrary to the laws of the United States. The charges relate to an alleged attempt in May 2001, to import 60 AK-47 rifles and ten Mac-10 machine guns with silencers into Trinidad. Pamela Elder SC, assisted by Ken Wright and Owen Hinds Jr appeared for Small, while Douglas Mendes SC, Dana Seetahal, and State attorney Brandon Primus represented the Attorney General. In her 41-page judgment, Justice Dean-Armorer said her task was to determine the validity of Section 19 A (2) (b) of the Extradition (Commonwealth and Foreign Territories) (Amendment) Act No 12 of 2004. Elder had submitted that inadmissible evidence was admitted at the extradition hearing. Such evidence, she added, was tendered in the absence of procedural safeguards such as the requirement of certification.

Elder said on this inadmissible evidence, the magistrate was required in mandatory terms to commit the fugitive to await his surrender, thus incontrovertible depriving him of his liberty. She said the deprivation of Small’s liberty on the basis of the inadmissible evidence in the absence of safeguards, constituted deprivation without due process. Mendes said the legal system was very fair to the wanted fugitive. He said Small, a senior member of the Jamaat-al-Muslimeen, had protection from the various stages of the procedures under the Extradition Act, including the obligation of the requesting state to furnish the Attorney General with a certified record of the case. Mendes said Small had protection from the judicial hearing before the magistrate. He said Section 8 of the Act protects Small against requests for political and other discriminatory offences.

Justice Dean-Armorer said Section 19 A (2) (b) does not authorise a hearing by a biased tribunal, nor deprive Small of the right to be present or of the right to know with sufficient particularity the case against him. “The court cannot close its eyes to the provisions of the existing treaty between the USA and Trinidad and Tobago. It seems that Article 8 of the treaty provides the safety net. The words of the impugned provision must in the absence of a clear intention give effect to and not defeat the international obligations of Trinidad and Tobago, the judge added.” Justice Dean-Armorer said it was clear that Section 19A (2) (b) does not infringe an equality provision.

Small, also known as “Fires” of Gonzales, was arrested on a provisional warrant on March 6. He is wanted in Fort Lauderdale to answer the gun charges. He filed a judicial review case which was successful before Justice Sebastien Ventour on April 6. Small was released from prison the following day but seconds into his freedom, he was re-arrested on another warrant. On April 14, Chief Magistrate Sherman Mc Nicolls excused himself from hearing the case and the matter went before Magistrate Joanne Connor. Elder made a no-case submission before the magistrate saying that Section 19A (2) (b) of the Extradition Act was unconstitutional. The magistrate accepted the submission and referred the constitutional issue to the High Court.