– Re non-arrest of Barry Dataram for committal & extradition to U.S.
JUSTICE  Roxanne George, on Friday last, issued an order of Rule Nisi of Certiorari directed to the Acting Chief Magistrate Melissa Robertson quashing her  decision  made on the 9th March, 2010 refusing to issue an arrest warrant  for the arrest of Barry Dataram for committal and extradition to the United States of America. The Judge’s order is the result of an application by Assistant Commissioner of Police, Seelal Persaud, for Writs of Certiorari and Mandamus.
The judge had taken into account Notice of Motion  by Attorney-at-Law, Mohabir Anil Nandlall, Mr. Euclin Gomes and  Mr. Manoj  Narayan.
The said magistrate had refused to issue an arrest warrant  pursuant to  section 13, of the Fugitive Offenders Act 1988 as  amended  by the Fugitive Offenders (Amendment) Act 2009 for the arrest of Barry Dataram for purposes of committal and extradition to the United States for trial in relation to certain drug related offences, on the grounds that the said decision is unlawful,  based on irrelevant  considerations,  unreasonable,  contrary to and in breach  of the Fugitive Offenders Act 1988 as amended by the Fugitive Offenders (Amendment) Act 2009, null, void and of no legal effect.
An order will be directed to the said Magistrate ordering her to show cause why the said order of Rule Nisi of Mandamus should not be made absolute.
A Writ of Mandamus has also been issued compelling the said Acting Magistrate to issue an arrest warrant pursuant  to section 13 of the Fugitive Offenders (Amendment) Act 2009 for the arrest of Barry Dataram for purposes of committal and  extradition  to the U.S. for trial in relation to certain  drug related offences.