CRIME Chief Seelall Persaud went to Court yesterday to swear to information related to the extradition of Barry Dataram to the United States (U.S.)
But, before Acting Chief Magistrate Melissa Robertson, attorney-at-law Mr. Vic Puran objected to the swearing, submitting that it is unlawful.
His objection was on the ground that the informant has abused the Court process because Dataram, who was arrested earlier in the week, is in Police custody despite the High Court and Full Court quashing three or four provisional warrants for his apprehension.
“The fact that the detained person is in the custody of the applicant is itself unlawful. What the applicant is seeking to do is to have this Court clothe his illegal actions with lawful authority,” Puran argued.
He said the matter previously engaged the High Court where a ruling was made, stating that there can be no extraditing from Guyana to the U.S. unless or until the treaty with Guyana is amended.
Puran said the applicant, an Assistant Commissioner of Police, has not pleaded that there has been an amendment to the treaty to take the issue outside of the ruling of the Full Court, by which decision the magistrate is bound.
The lawyer maintained that, while the applicant intended to apply under the 2009 amended act, he has only invoked the 1988 parent act and not the jurisdiction of the amendment.
Puran demanded that Persaud disclose to the Court if Dataram is in his or Police custody and state upon what lawful authority is the man being detained.
In response, Persaud said Dataram is in custody in relation to investigation into a matter of trafficking in narcotics, an offence totally unrelated to what the lawyer raised.
Puran then requested that Persaud give an undertaking that the State will not suffer or cause Dataram to be removed from Guyana.
“I have reasons to believe this because, in the history of this case, the State has acted unlawfully and it shows a disposition to violate Mr. Dataram,” said the lawyer.
The magistrate adjourned further hearing to today.
This is the fourth time since 2007 that a provisional warrant has been issued for the arrest of Dataram, who is wanted by the U.S. Government for trial on drug trafficking charges.
He was last released after a High Court decision in December 2008.