…lawyer representing US asks for time to reply

THE defence attorneys for Troy Anthony Thomas, who is wanted in the United States (US) in connection with a 2011 murder, are contending that the extradition matter should be heard by the High Court on the ground that the magistrate’s court does not have jurisdiction to hear the matter.

Attorneys, Nigel Hughes, Bernard DaSantos and Darren Wade made the contention during a three- hour long court inquest which is being presided over by Acting Chief Magistrate Sherdel Isaacs-Marcus in Court 1 at the Georgetown Magistrates’ Court.
The three lawyers are contending that the magistrate’s court does not have the power to deal with the matter which is filed under the Fugitive Offenders Act.

The act states that a “fugitive offender” is a person who is accused, or alleged to be unlawfully at large after conviction of an extraditable offence committed within the jurisdiction of Guyana or any Commonwealth country or foreign territory and is suspected to be in any country or territory, other than the country or territory in which the offence was committed or where the person was convicted.

Additionally, a “treaty territory” means a foreign territory in respect of extradition to and from which, from or to Guyana, the provisions of this Act apply with or without modifications, limitations or conditions by virtue of section 4 and includes:
(i) a colony, territory, protectorate or other dependency of any such foreign territory;
(ii) (ii) a territory for the international relations of which any such foreign territory is responsible; and

(iii) a ship or aircraft of, or registered in, any such foreign territory.
Attorney DaSantos during his preliminary submission, told the court his client was being deprived of his liberty for the purpose of extradition to the USA, contrary to the prohibitive provision of the Fugitive Offenders Act 1988.
DaSantos further added that Thomas’ detention was unlawful and unconstitutional.
Stacy Gooding, a lawyer who is representing the Government of the United States of America, requested some time to reply to the attorneys’ submission.
The matter was transferred to the Providence Magistrate’s Court for April 11 before Magistrate Isaacs.

Thomas, 31, of South Ozone Park, Queens, New York, was nabbed by police during an operation on Wednesday, March 14 which had commenced since January 31, 2018. According to reports, on December 11, 2011, 20-year-old Keith Frank was shot once in the torso in a flash of violence outside a South Richmond Hill party. Frank, who moved to Queens from Guyana when he was 12, died exactly two months before his 21st birthday.
The NY Police Department began looking for Thomas in connection with the shooting. However, within hours he allegedly fled the jurisdiction and crossed over to Canada from New York State.

In Canada, he is said to have used travel documents belonging to a relative and boarded a Caribbean Airlines flight, arriving in Guyana in the early hours of the morning before the bulletin could reach Interpol (International police.)