UPDATE: ‘Bob’ Hodge & others get leave for Judicial Review!
The men filing for Judicial Review are Earl ‘Bob’ Hodge, Roberto 'Tico' Harrigan, Chad Skelton and Carlton Beazer.
The decision was announced this morning July 5, 2013 and according to Justice Ellis, "For the reasons that are set out in the judgment, the court would exercise its discretion so as to grant leave to the applicants to file an application for judicial review with respect to the Governor's decision to issue the Order to Proceed on the 11th October 2012...”
Justice Ellis has also agreed to have a full day for the Judicial Review set for September 30, 2013.
The four men and Juan Valdez, who did not file an application in the High Court, are wanted by the US Government for allegedly being involved in a drug ring that spanned some 13 years.
The men’s lawyers, in their application for a judicial review to Justice Vickie Ann Ellis, had questioned the Governor’s decision to issue a second Order to Proceed with an extradition hearing and opined that this can be interpreted as an abuse of discretional power. They also alleged that the new request has very little "new" evidence.
The Government, through the Attorney General's (AG) Chambers, had filed an appeal against a High Court’s decision made by Justice Albert Redhead on September 17, 2012 which ruled against the extradition to the United States of the five men accused of being involved in a drug ring.
The appeal is also seeking to restore the order handed down by Senior Magistrate at the time, Valerie Stephens.
See previous article posted May 22, 2013
UPDATE: AG stands firmly by Governor’s position on drug ring accused
-Beats up on Justice Redhead’s ruling
“I am certainly not convinced that Justice [Albert] Redhead ever conducted an exhausted examination of the evidence,” was part of a statement made in the High Court yesterday May, 21, 2013 by Attorney General Dr Christopher Malcolm that totally changed the atmosphere among those in the court room at the time.
One person close to one of the accused reacted in an angry tone of voice that was clearly heard before bursting out of the court room while others mumbled loudly, which caused a few seconds of distraction in the court. AG Malcolm also reacted to his statement none verbally and was cautioned by Justice Vicki Ann Ellis that what he said was being recorded.
The defense in their application for a judicial review to Madame Justice Vickie Ann Ellis, questioned the Governor’s decision to issue a second Order to Proceed with an extradition hearing and opined that this can be interpreted as an abuse of discretional power. They also alleged that the new request has very little "new" evidence.
AG Malcolm held firm to his side’s conviction that the governor acted fairly and that there was no abuse of power, that they were in disagreement with Justice Redhead’s high court ruling, which declared the Virgin Islands as the appropriate forum for the trial of five men accused of being in a drug ring and that Justice Redhead's judgment did not communicate the basis for the forum declaration.
Malcolm maintained that the governor’s decision to issue a second Order to Proceed was permissible and in accordance with the relevant laws. He further added that nothing has been submitted to the court to suggest that the governor abused his power.
Earlier in his presentation to the High Court yesterday, the AG said that it was his formal submission that the application for judicial review by the defendant was an abuse of discretional use of process. “What we must be concerned with is whether there was a wrongful exercise of discretion which is shown where it is established that the discretion that was confirmed was exercised beyond the by-law.”
He further stated that what was clear was that the governor was careful not to take on to himself a decision making policy of examination of evidence. “In this regard my lady, further argument is that once that matter is properly before the Magistrate, in considering then all questions relating to sufficiency of evidence, I don’t see why it is that a committal order should not be given.” To that extent the AG’s argument has been that the application by the defense lawyers is premature. “Pre-mature because what is being sought here is to prevent the Magistrate from carrying out the law.” He added that based on the explanation given, it would be irrational of the High Court to not issue a second order.
The Government, through the Attorney General's (AG) Chambers, has filed an appeal against a High Court’s decision made by Justice Albert Redhead on September 17, 2012 which ruled against the extradition to the United States of five men accused of being involved in a drug ring.
The appeal is also seeking to restore the order which was handed down by Senior Magistrate at the time, Valerie Stephens.
See previous article posted on May 21, 2013
Challenge against new extradition hearing for drug ring accused begins
Four of the five men implicated in what is being touted as an alleged 13-year old drug ring appeared before the high court today May 21, 2013 when legal heads commenced presentations before Justice Vicki Ann Ellis.
The intention to start a new extradition hearing in the Magistrate’s Court of the Virgin Islands during the latter quarter of last year was halted following the filing of applications by the men’s lawyers in the High Court for a judicial review of the request made by the United States (US) government who had allegedly submitted additional evidence against the accused.
It was announced on October 12, 2012 that the Office of the Director of Public Prosecutions (DPP) would drop the local charges against the five men and institute fresh extradition proceedings to have the men tried in the USA.
The men at the centre of the three-year old court battle are Earl Delville ‘Bob’ Hodge who is alleged to be the ring leader, Roberto Harrigan also known as 'Tico', Juan Valdez and Carlston Beazer. Only four of the five appeared in court today as the lawyer who is representing Valdez, Stephen Daniels, previously indicated that he would pursue judicial review for his client.
Today’s proceedings saw the defense lawyers and representatives for the Crown making lengthy presentations in the high court and putting forward their arguments.
The request by the US government through its Florida and North Carolina judicial systems is pending the decision of the courts here in the Virgin Islands.
In March, 2012 the then Senior Magistrate Valerie Stephens ruled that the men be extradited. However, her decision was overruled by Justice Albert Redhead on September 17, 2012 when he concluded that the men could be appropriately tried here in the Virgin Islands.
The hearing continues tomorrow May 22, 2013.
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54 Responses to “UPDATE: ‘Bob’ Hodge & others get leave for Judicial Review!”
like yuh "food" at stake
Tortolians have a way of glorifying wr*ng d*ing.
That man Malcolm is full of himself...and has no s*n$e. how can he make a statement like that about a High Court Judge simply because he doesn't agree with his assertion on the case. these people are sick. This judge will more than likely agree with Redhead. They claiming the men did their crime in BVI using a US plane,s o that ties them to US. But even though they allegedly committed the crimes via BVI, the local charges are dropped and simply because of a so called plane connection, they should be extradited? haha nonsense. once these guys have some good cash left to fight it will be a long battle.
Peace!
. When you count your first million you never forget the feelin
That when eyes go to twitchin, palms start to itchin people be snitchin, thats when the l.e dawgs dem start shouting free sosa free sosa ...
Personally, I'd rather the BVI keep their alleged drug dealers on island. I really don't want my tax dollars paying to prosecute and then house in prison the BVI's problem. Keep them. Reap what you sow.
BVI PEOPLE STOP BEING SO STUPID. TO THE END OF THIS DRUG YOU SEE WHAT ALWAYS HAPPEN ,PRISON OR DEATH . JUST RUN YOUR OWN BUSINESS ,AND KEEP TAKING YOURSELF HIGHER AND HIGHER, OR THE WHITE MAN GONA COME IN AND RUN ALL THE BUSINESS. AND WE KEEP GETTING S&*T THERE IS NO FUTURE IN THAT DRUG THING JAIL OR DEATHHHHH