High Court hearing over Magistrates’ Court ability to hear extradition case begins

High Court hearing over Magistrates’ Court ability to hear extradition case begins
Less than a week after an application was filed in the High Court by lawyers of US murder accused, Troy Thomas, seeking to block the Magistrates’ Court from hearing the matter, the case has been called and a ruling could come as early as next month.
The matter was called before Justice Jo-Ann Barlow on Thursday.
In the presence of the Attorneys for Troy Thomas, Justice Barlow stated that the Attorney General would be expected to file a defense within fourteen days.
The Defence Attorneys will then be expected to submit their arguments.  Once all of that is completed, the Judge said she could have her ruling ready by the 25th May.
 The move to the High Court came as the attorneys for the alleged fugitive contended that the Magistrates’ Court does not have the right to proceed over the extradition proceeding.
They argue that the extradition treaty between Guyana and United States of America is non-enforceable because it was never instituted into domestic laws.
In addition to blocking the Magistrates’ Court from presiding over the matter, the Attorneys also want the Court to rule that the Amendment to the Fugitive Offenders Act which purports to give a Magistrate power to interpret the extradition treaty, is unconstitutional.
The extradition matter in the Magistrates’ Court has been put on hold since the move to the High Court. The Guyanese American man is wanted in the US for the gunning down of another man outside a New York nightclub back in 2011.

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