Defence argues offence not indictable

Attorney Pamela Elder SC, representing wanted fugitive Olive Enyhaooma-El, also known as Lance Small in his extradition matter, yesterday continued her no-case submission. She argued the point that the offence committed, was not extraditable in Trinidad and Tobago. According to Elder, while affidavits show there was an agreement made between Small and another person in Trinidad to ship the guns from Florida to Trinidad, the unlawful act was to be performed in Florida.

“The conspiracy alleged is not an indictable offence in Trinidad and Tobago and therefore cannot be an extraditable offence,” Elder argued. She also argued that no where in the evidence compiled against her client, was there proof that the mechanisms earmarked to be shipped to Trindad were firearms. “Not even an expert can give a report that it was a firearm. Things are usually described very loosely by persons as firearms,” said Elder. The prosecution, which is acting on behalf of the United States, led by Attorney Douglas Mendes SC, however argued that the US’ approach to the matter was going to be one that looks at the offence as though the conspiracy took place in Trinidad, therefore making it an indictable offence.

Small was indicted by a 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.
Attorney Mendes SC will continue his submission tomorrow when hearing continues. The matter is being heard before Magistrate Joan Connor in the Port-of-Spain Eighth Magistrate’s Court.