US denied - Government says no to extradition request

[Lazie]

Minister of Justice refuses extradition request for Presley Bingham to the us

The Minister of Justice, Senator Hon. Dorothy Lightbourne, has refused the request for the extradition of Presley Bingham to the United States. The Minister refused the request after hearing submissions from the attorneys representing Mr. Bingham and the Director of Public Prosecutions on behalf of the United States government.
In making her decision, the Minister said she took into consideration several factors including the following:

• Mr. Bingham was set free by the Court of Appeal on September 28, 2007 on a writ of habeas corpus filed on his behalf by his attorneys because he had not been extradited within the time prescribed by law.
• Article XI of the Extradition Treaty states that if a person is not extradited within the prescribed time, he may be discharged from custody and the requested state may subsequently refuse extradition for the same offence.
• Section 13 of the Extradition Act prescribes that where a person is not extradited within the stipulated time, he must be discharged by the Court.
• In discharging Mr. Bingham, the Court of Appeal, in response to a question from the Director of Public Prosecutions representing the United States, said that the State should not even think of re-arresting Mr. Bingham for the same offence. While this pronouncement was not part of the written judgment because the issue was raised after the judgment had been delivered, it is significant, coming from the Court of Appeal which had just given full consideration to all the issues in the case.
• Mr. Bingham was arrested on July 12, 2009 on a renewed request by the United States for the same offence and based on the same indictment.

Minister Lightbourne considered that if a person could be extradited on a renewed request for the same offence, it would render the provision of Section 13 of the Extradition Act not valid . She also considered several legal authorities dealing with "unjust and oppressive" circumstances in extradition proceedings and considered that in the absence of any contributory factor on his part, Mr. Bingham's extradition would be unjust and oppressive within the meaning of Section 11 (3) (b) of the Extradition Act.

http://www.jis.gov.jm/officePM/html/..._TO_THE_US.asp

[Mosiah]

too simplistic for my pipe. i prefer hi grade.

[Mosiah]

thank you, lazie.

this is just not good enough. so, dem mean fi tell mi dat all wi need to do with the extradition request for dudus is to stall long enough until we exceed the time prescribed by law?!?! it's as simple as that?!?!

gamma, help mi here!

[Bricktop]

What yuh mean not good enough? So we should just disregard the Court of Appeals ruling?

[Mosiah]

brickie, yuh read the rest of my post?!

the court of appeal probably ruled correctly, but is stalling the trick to deny an extradition request?!?! den wi nuh need fi send nuhbody den. just stall di whole a dem and we would still be honouring the extradition treaty between the usa and jamaica. right?

[Bricktop]

Bingham used the process to his advantage. I don't think it was the govt who stalled, it was Bingham who probably drug out the process with appeals and legal maneuvering. I don't have a problem with these guys beating extradition. Whether they go or not it does nothing for Jamaica and it seems draconian to me.

US is the largest consumer of cocaine in the world. The problem is definitely not on the supply end.

[Mosiah]

it's one thing for his lawyers to use the system. it's quite another when it's the govt. that does the stalling. that is what i'm concerned about!

[Bricktop]

Okay. I did some research into this case. He should be freed. The US and Jamaican authorities fouled up by not extraditing him within 60 days of the 2005 order. Nothing wrong with the AG's decision. As for the government stalling, that would fall on the PNP government who were in power in 2005 and the Bush administration as they were the one's who dropped the ball.

[Lazie]

Mosiah, I think he was ordered to be extradicted but they took too long to ship him off. Completely different from what you're accusing the gov't of doing.

[Lazie]

Okay. I did some research into this case. He should be freed. The US and Jamaican authorities fouled up by not extraditing him within 60 days of the 2005 order. Nothing wrong with the AG's decision. As for the government stalling, that would fall on the PNP government who were in power in 2005 and the Bush administration as they were the one's who dropped the ball.

Thank you BT. Mosiah just looking for an opportunity to point finger at the gov't.

[Mosiah]

very consistent of you to jump on this political opening. i have never once politicised these extradition issues. but, go ahead. i can see this dudus issue is causing you more stress than the MP of west kingston.

[Lazie]

very consistent of you to jump on this political opening. i have never once politicised these extradition issues. but, go ahead. i can see this dudus issue is causing you more stress than the MP of west kingston.

Whats the purpose of trying to tie the Dudus issue with this? Now that you're flimsy point has been thrown out the window yuh a try change yuh tune.

[Don1]

Mosiah, I think he was ordered to be extradicted but they took too long to ship him off. Completely different from what you're accusing the gov't of doing.

Defen it Lazie!

[Mosiah]

lazie, mi not into di tracing dis sunday morning. yuh gwine hafi find some odda lashie tidday.

i have said my bit and the forumites can pick sense from nonsense, truth from untruth.

[Mosiah]

what am i accusing the govt. of doing?

has the govt of jamaica turned over the west kingston case to the justice system of jamaica?