Attorneys representing alleged US fugitive Troy Thomas have moved to the High Court in a bid to resist the Guyanese American man from being extradited to the United States to face a murder charge.
In an application filed on Friday, the High Court is being asked to make several declarations including one which notes that any attempt to extradite Thomas amounts to a breach of his Constitutional rights.
Thomas’ battery of lawyers want the High Court to pronounce on, among other things, that the United States of America (Extradition) Order, does not form part of the domestic laws of Guyana and cannot be enforced by a Magistrate.
In addition to that, the lawyers believe that the Magistrate currently hearing the matter, has no authority in law or otherwise enforce the provisions of the Treaty between the United Kingdom and the United States of America for the mutual extradition of fugitive criminals signed on the 22nd day of December 1931
They have also resisted the Minister of Public Security’s directive in the matter, saying and asking the High Court to confirm that he had acted ultra vires when he purported to issue to the Chief Magistrate Authority to proceed pursuant to sections 12 (1) and 36 of the Fugitive Offenders Act 1988 with extradition proceedings for Thomas.
The grounds of the application include the fact that Thomas is a citizen of Guyana and entitled to the protections of the provisions of the Constitution of the Cooperative Republic of Guyana
The Defense has outlined several documentary pieces of evidence that they intend to use at the hearing of the application which will come up on April 13th before Justice Barlow.
Extradition proceedings are currently ongoing in the Magistrate’s Court.
Thomas is wanted in New York in connection with the 2011 murder of Keith Frank in the same New York area.
The two reportedly had a confrontation outside a nightclub when Frank was shot multiple times. Thomas was identified as the assailant, but he reportedly moved to Guyana just after the incident and has not traveled back to the United States over the past seven years.
The US issued an arrest warrant for him earlier this year after receiving information that he was hiding out in Guyana.