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Supreme Court upholds Robert Hertular?s extradition to the U.S.!

GeneralSupreme Court upholds Robert Hertular?s extradition to the U.S.!



Hertular was arrested under a provisional arrest warrant issued by Belize law enforcement officials under the provision 2000 Extradition Treaty between Belize and the United States, (U.S.). He has been in custody ever since his arrest.


Following a string of unsuccessful motions before the courts, and as high up the judicial ladder as the Privy Council, Chief Magistrate Lord finally heard Hertular?s extradition hearing. The hearing was based primarily on the paper evidence that the U. S. submitted.


During the hearing, Peyrefitte mounted a challenge to the authenticity of the US documents, arguing that they were not in compliance with the provisions of the Extradition Treaty.


The defense further made the point that Hertular had never set foot in the U.S. and that the grand jury process under which he was indicted, was flawed, because the grand jury indicted him in January, but the sworn affidavits were not signed until March, after he had been indicted.?What evidence did the grand jury hear?? Peyrefitte submitted in the Magistrate Court?s hearing.


Also, the defense contended, the U.S. evidence was based on hearsay, and could not stand the scrutiny of a reasonable tribunal.


Solicitor General Kaseke, however, countered these lines of reasoning by arguing that the documents the US sent were in compliance with the Extradition Treaty, and that the matter of the grand jury process was a matter of foreign law; therefore the courts of Belize had no business inquiring into that aspect of the U.S. extradition request.


Citing various case law precedents, something that Hertular?s defense failed to do, Kaseke made the point that hearsay evidence was admissible in an extradition request, because the same rules of admitting evidence did not apply in extradition proceedings.


After studying the submissions of the defense and the prosecution, Magistrate Lord, about two weeks later, returned and ruled that the U.S. documents were in order and that Hertular indeed has a case to answer in the U.S. In his ruling, Lord also noted that in extradition proceedings ?you must argue case law; none was argued for the defendant.?


Hertular had two weeks after the Chief Magistrate?s ruling to file an appeal to the Supreme Court to file an application for a writ of habeas corpus. The application was filed on June 18. It raised four points why the Chief Magistrate?s order to extradite should be over-ruled.


In the habeas corpus application, which was heard by Judge Barrow last Wednesday, July 14, Hertular?s defense contended that, (1) There was a presumptive breach of the requesting state?s procedural law. (2) The offences charged are not extraditable offences. (3) Inadmissibility of evidence. (4) And sufficiency of evidence test.


Kaseke, however, argued that the applicant?s contention about ?a presumptive breach of U.S. procedural law? was unsupportable as a matter of law, ?because it touches on issues of foreign law on which Your Lordship?s court cannot authoritatively pronounce.? Kaseke went on to argue that the offences for which the applicant?s extradition was sought are in fact extraditable offences. ?Article 2 (1) of the US/Belize Extradition Treaty of 2000 provides that the offences provided in the Schedule to the Treaty, or other offences punishable with more that one year imprisonment, are extraditable offences.?


On the question of the inadmissibility of the U.S. evidence, the respondent submitted that, ?First, the Respondent submits that hearsay evidence is admissible in extradition proceedings. Second, the Respondent submits that there was no hearsay evidence in the case at bar.?


After presenting the court with a synopsis from the various sworn affidavits by Belizean and US law enforcement officials, Kaseke concluded his thirty-four page skeleton submission, arguing that there was sufficient evidence presented in the U.S. extradition request to warrant Hertular?s committal for trial in the U.S.


In affirming that the Chief Magistrate did not commit an error of law, Justice Barrow dismissed Hertular?s habeas corpus application and ordered that he be extradited to stand trial in the U.S. for violating federal narcotics laws, conspiracy and obstruction of justice.


Hertular, however, can lodge another appeal petition at the Court of Appeal.

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