-Habeas corpus application discontinued by applicant
LAWYERS Vic Puran and Glenn Hanoman, yesterday discontinued the habeas corpus proceedings in which Justice Roxanne  George-Wiltshire  had issued a Nisi Order calling on the Commissioner of Police to show cause why Barry Dataram should continue to be detained.
They were forced to do so when, instead of the Commissioner appearing in court to show cause why the detainee should not be released, their client himself, Barry Dataram, appeared in Court and notified them that he had been allowed bail by the police in the sum of $100, 000.
Earlier, it was pointed out to the Magistrate that the evidence which emanated from the United States of America  against Dataram is an indictment which was issued by the US Government  along with an arrest warrant,  both of which emanated from the US.
Following the proceedings in the Magistrate’s Court on Friday, Mr. Puran subsequently  informed Justice George-Wiltshire that the magistrate had issued no warrant.   It was after this information was revealed that the judge issued a NISI ORDER calling on the  Commissioner  of Police to show cause  why Dataram should continue to be detained.
Dataram was involved in an extradition battle between  the  Guyana Police Force and the Guyana Government since this country had received  an extradition request from the U.S. sometime ago in relation to Dataram.  After a long legal battle,  the Full Court decided in favour of the applicant.
Following that case, there has been an amendment to the Fugitive Offenders  Act,  which it is believed will provide the missing link to the Dataram case.
In the current case, Dataram was arrested on Wednesday last at his West Bank Demerara home. The following day, the police sought  to secure a warrant from the Magistrate’s Court, which is still to be granted.
Although Dataram  is expected to return to the Magistrate’s Court on March 4, it is said that he is contending that the deficiencies exposed in the treaty arrangements between Guyana and the U.S.A. still exist and still act  as an impediment to extradition.
He is also contending that the Fugitive Offenders (Amendment) Act 2009 cannot be applied retrospectively.
The defence lawyers are alleging that the matter with which Barry Dataram is presently concerned is res judicata, unconstitutional, and an abuse of the process of the court.
Mr. Barry Dataram left the Supreme Court with his lawyers yesterday, after breaking the good news to them that he had been granted bail by the Police.