JUSTICE Jo-Ann Barlow will on or before June 15, 2018 rule on whether Magistrate Sherdel Isaacs-Marcus could continue to hear the extradition proceedings against fugitive, Troy Thomas (Mervyn Williams), who is wanted in the US for murder.

The matter came up in the Georgetown High Court where submissions were heard from both sides of the bench; State Solicitor Kim Kyte-Thomas for the respondent and Prithima Kissoon for the applicant (Nigel Hughes).

Attorneys representing Troy Thomas had argued that the magistracy has no jurisdiction to hear the extradition proceedings initiated against the man. As such, they had moved to the High Court in a bid to block his extradition.

Thomas, of South Ozone Park, Queens, New York, USA, who it alleged murdered Keith Frank on December 11th, 2011, was recently apprehended by ranks of the Guyana Police Force (GPF) at a dwelling house at Liliendaal, East Coast Demerara.
Defence attorneys Nigel Hughes, Bernard Da Silva and Darren Wade had moved to the High Court, where, among other things, they have argued that their client as a Guyanese citizen is entitled to the protection of the provisions of the Constitution.

It is the view of Thomas’ attorneys that Magistrate Sherdel Isaacs-Marcus who is presently hearing the extradition proceedings, has no authority in law or otherwise, to 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 December 22nd, 1931.

Meanwhile, the extradition proceedings before Magistrate Isaacs-Marcus were due to continue in the Magistrate’s Court but the matter has been adjourned until further notice, in light of the pending High Court case.

One of the cases that Thomas’ attorneys have cited for their challenge is that of Barry Dataram. In the wake of the Dataram case, the PPP/C government had announced that it would modify the law and in October 2009, it passed an amendment to the Fugitive Offenders Act 1988 to address the conflict that arose within the law regarding individuals here being extradited.

The amendment also controversially included a provision which empowers the Home Affairs (now Public Security) Minister to decide whether to extradite or not.