JUSTICE Jo-Ann Barlow on Friday morning dismissed the application of a U.S. fugitive who is fighting off moves by authorities here to extradite him to the United States to face a murder charge.

Justice Barlow in her ruling also ordered costs for the state in the sum of $150,000, asserting that the magistrates’ court could hear the extradition proceedings against the fugitive Troy Thomas. The matter will be heard in the Georgetown Magistrates’ Court on June 26, 2018, by Magistrate Sherdel Isaacs-Marcus. As such, Troy Thomas remains in police custody.

The judge found that the extradition treaty between Guyana and the United States still exists. The judge asserted that arrangements made between the Government of the United Kingdom and the Government of a foreign territory relating to the extradition of fugitive offenders, prior to 26th May, 1966, extends to and remains in force in Guyana and that a certificate which has been issued under the hand of the responsible minister was tendered in evidence confirming the existence of extradition arrangements; and it asserted that such arrangements remained in force. She said this was conclusive proof of the matters stated therein.

Justice Barlow on Friday also ruled that although the 1931 extradition treaty with the USA did not contain an express provision prohibiting the transfer of the extradited person to a third country for an offence which had been committed before his extradition, it was implied.

Thomas e Applicant filed a Fixed date Application requesting among other things a declaration that the United States of America (Extradition) Order in Council 1935, 1935 No 574, does not form part of the domestic laws of Guyana.

He also asked the court to declare that the provisions of the United States of America (Extradition) Order in Council 1935, 1935 No. 574 cannot be enforced by a Magistrate; that the provisions of Section 8 (3) (3B) (b) of the Fugitive Offenders Act 1988 are unconstitutional for the reason that, inter alia, it offends the principle and doctrine of the separation of powers.

A declaration that the Section 8 (3) (3B) (b) of the Fugitive Offenders Act 1988, insofar as it purports to direct a magistrate, High Court, Full Court and Court of Appeal on the interpretation of the law of a Commonwealth country, a treaty territory or a treaty relating to the extradition of fugitive offenders Act is unconstitutional.

A declaration that the learned Magistrate Sherdel Isaacs-Marcus possesses no authority at 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 the 22nd day of December, 1931.

A declaration that provisions of the Fugitive Offenders Act 1988 including, but not limited to section 3B(b) insofar as the said provisions purport to amend the terms of a treaty, the said provisions are unconstitutional, null, void and of no legal effect.

The state had contended that the applicant was escorted to the Criminal Investigations Department, Eve Leary, where the applicant admitted to being Troy Thomas. Thereafter, a copy of a bench warrant for his arrest in the United States and the indictment of charges were served on him. The applicant was then brought before the Magistrates’ Court, where a short date for disclosure was granted and for the Applicant to retain counsel then the Applicant was remanded.

It was some weeks after attorneys representing Thomas had argued that the magistracy has no jurisdiction to hear the extradition proceedings initiated against him. They then moved to the High Court in a bid to block his extradition.

Thomas, of South Ozone Park, Queens, New York, USA, who allegedly 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.

Attorneys Nigel Hughes, Bernard Da Silva and Darren Wade, who represented Thomas, moved to the High Court, where, among other things, they have argued that Thomas 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.

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.