Inside the closed Extradition Hearing; USA vs Earl Hodge & Roberto Harrigan
The Treaty, which is usually signed between states, was signed by the United States government and the United Kingdom of Great Britain and Northern Ireland and extends to the British Overseas Territories. The Treaty came into force in January 21, 1977.
The extradition request was made by the USA in 2011 to have two men extradited to the US mainland and, according to a former Deputy Governor Elton Georges, “this to my memory is the second such request as one was made in the 90s but it failed on technicality.”
However, Mr Georges told our newsroom “in the history of the treaty, the VI has never made a request for anyone in America to be sent here to be tried in the BVI courts…never happened.”
Is this justice in secrecy?
It is our understanding that the Treaty is administered by the USA State Department and the request document was signed in 2011 by then Secretary of State Hillary D. Rodham Clinton to have Earl Deville Hodge, aka ‘Bob Hodge’, and ex Customs Officer, Roberto Harrigan aka ‘Tico’ brought to the USA to be tried for alleged narcotics transactions.
The historic extradition hearing is ongoing with tax payers funding and a bill to the tune of over $15,000 a month, which include salary, allowances, security and other associated costs for an imported Magistrate, Mr Shawn Innocent of St Lucia.
The media and the public in general have been shut out of the case, and what is also significant to note is there is no one in this extradition hearing courtroom from the local Attorney General’s Chambers or the Office of the Director of Public Prosecutions, not even as observers.
This is a case between the Government of the USA represented by two UK Attorneys the American Government has hired to pursue the matter. The local men, Bob Hodge and Roberto Harrigan, are represented by prominent attorneys, Stephen R. Daniels and Patrick Thompson.
On Monday June 19, 2017 according to our newsroom’s sources in the Governor’s Office and in the legal fraternity, it will mark a significant milestone in the hearing.
Governor goes to court
Governor John S. Duncan OBE, the United Kingdom appointed Governor, who is the Head of State, will travel from his office to the Magistrate’s Court in John’s Hole on Tortola at 10:00 AM as a form of diplomatic protocol to administer the treaty as it relates to the extradition request.
The Governor is to reaffirm that the request has been made via the correct diplomatic official channels and duly received by his office.
The extradition hearing began on June 6, 2017 before Magistrate Innocent and currently the UK Attorneys on the behalf of the US Government are making arguments as to why both men should be extradited.
The men are currently on bail with strict curfew conditions. Following a special sitting on February 14, 2017 Mr Hodge was offered bail in the sum of $1M, while Harrigan was offered bail in the sum of $600,000. Each was ordered to pay $200,000 cash upfront as a part of their bail condition, along with two sureties available to sign.
In eroding their freedom, both men were further ordered to adhere to a strict curfew of 6:00 PM to 6:00 AM, in addition to signing in at the Road Town Police Station daily. This is the third extradition order made for both Hodge and Harrigan and most people believe it’s an abuse of the legal system and could be regarded as double jeopardy in any US legal jurisdiction.
After some four men, including Hodge and Harrigan, spent about three years at Her Majesty’s Prison on Tortola for reported drug offences, the US Government asked for two of the four to be extradited.
Uncle Sam wants them
Then British Governor as Head of State, William B. McCleary, agreed; however, the men went to court and in 2012 Justice Albert Redheand ruled that the men were not to be sent to the USA. Following the ruling, local prosecutors and the USA came back again, claiming they had fresh evidences, and a second order was issued.
High Court Judge, Madame Vicki A. Ellis ruled that former UK appointed Governor McCleary's decision to issue a second Order to proceed with an extradition hearing be quashed and that the matter be remitted to the Governor for reconsideration in accordance with the judgment of the court.
The men had challenged the Order to proceed with a second extradition hearing ordered by McCleary on October 11, 2012.
They went thought a Judicial Review which resulted in a stay in the extradition proceedings at the Magistrate's Court on Tortola.
However, a third one came when both men Messers Hodge and Harrigan were arrested by local police on February 7, 2017 after the US Government issued a fresh extradition order for the men. If this extradition succeeds, and most legal experts believe it will not, a warrant will then be issued for Hodge and Harrigan to be extradited to the USA to stand trial. However, the men have a total of 14 days to appeal the order by filing a writ of habeas corpus.
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53 Responses to “Inside the closed Extradition Hearing; USA vs Earl Hodge & Roberto Harrigan”
You a real dumd @$% who goin volunteer to go jail in the US
it was the four first then only 2 they could have find enough sh*t on but both guys will be free they need to be out of there Leave our boys
I don't remember the guy's name. He was never back here for re trial.
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should be left to go there merry way,not that i condone what they may have done if so at all.America has more criminals
that are friends in high places that has done worse than these two and has not seen a day inside a court system