Caribarena on March 22, 2012 released the following:
“Antigua St John’s – Leroy King is again facing the prospect of being sent to the United States to face criminal charges.
On Wednesday, the Court of Appeal dismissed his applications for an appeal hearing and for a stay of High Court Judge Justice Mario Michel’s decision to commit him for extradition. The court confirmed Justice Michel’s ruling.
King’s attorney, Dane Hamilton QC, had argued that Michel and the magistrate, in the first instance, had no jurisdiction to commit King for extradition.
Hamilton, in reply to an argument by Director of Public Prosecutions (DPP) Anthony Armstrong that the Court of Appeal has no jurisdiction to grant a stay in this case, said there was no rule of law that limits King’s application to the court.
Armstrong contended that after the minister of external affairs decides whether King will be extradited to the US to stand trial, he can then file judicial review proceedings.
Armstrong described King’s application for a stay as an abuse of the process.
The Court of Appeal agreed with all of DPP’s arguments and the authorities he cited to reinforce his case.
The court disagreed with Hamilton’s submission that the court did not have jurisdiction to commit King.
The court said this was evident by the judge’s ruling and decision to commit King on 11 of the 21 counts he was indicted for by the US government.”
Douglas McNabb – McNabb Associates, P.C.’s
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