JUSTICE Navindra Singh on Thursday refused the Fixed Date Application (FDA) filed by Troy Thomas at the High Court.

The FDA was filed to challenge the authority of Magistrate Sherdel Isaacs-Marcus, to commit Thomas to custody, awaiting extradition to the US.

The US Department of Justice had requested Thomas be extradited there to stand trial on three criminal charges he allegedly committed in the State of New York.
Following the request for extradition, then Home Affairs Minister Clement Rohee had issued an Authority to Proceed in accordance with the Fugitive Offenders Act (FOA); CAP 10:04 of the Laws of Guyana.

Subsequently, Magistrate Isaacs-Marcus, issued an arrest warrant for Thomas, who was later arrested and committal proceedings for the purpose of extradition conducted in accordance with the FOA.

Thomas then filed an application at the High Court, contending that the Magistrates’ Court does not have jurisdiction to conduct the committal proceedings. Then presiding judge, Justice Jo Ann Barlow had ruled that the court indeed has jurisdiction on the matter.
An appeal of Justice Barlow’s decision was then filed at the Appellate Court, and is currently still pending.

However, the Magistrates’ Court proceedings continued, and after the conclusion of those proceedings, the magistrate issued a warrant of committal on November 30, 2018, committing Thomas to custody awaiting his extradition.

It was then that the now ‘prisoner’ brought this FDA to the High Court, contending that Minister Rohee had no legal authority to authorise Magistrate Isaacs-Marcus to proceed with the committal/extradition proceedings.

And further, Magistrate Isaacs-Marcus had no legal authority to proceed since the FOA is unconstitutional and in furtherance of a Treaty which is not incorporated in the laws of Guyana.

Justice Singh said that these are the very same issues/challenges that Justice Barlow would have ruled on. The judge also said that the “this Court fully agrees with the ruling of Justice Barlow and wholly adopts that ruling”.

In addition to the issue of jurisdiction/authority, Thomas had also denied that he is the Troy Thomas named in the warrant of arrest issued by the Supreme Court of New York.
Justice Singh said the court finds that there was sufficient evidence before the court to determine that Thomas is indeed the person whom the warrant is for.

The judge also pointed out that although not raised in this FDA, it is the duty of the High Court on an application of this nature, to ensure that the magistrate had sufficient evidence before her, to commit Thomas.

Justice Singh said based on the affidavits of eyewitnesses; there was more than sufficient evidence before the magistrate to commit Thomas, as she did, for the offence of murder in the second degree, an extraditable offence under section 5 of the FOA.

In closing, the judge said, “for all the afore-stated, this application is refused.”
Thomas was then ordered to pay a total of $450,000 in court costs.
Attorney Nigel Hughes, who is representing Thomas, told Guyana Chronicle that Justice Singh’s ruling will be appealed.