In October of last year, we told you about the decision of the Chief Magistrate, Anne Marie Smith, that Gary Seawell should be extradited to the US to face narcotics trafficking charges. Well, Seawell is not going to let the decision of the Chief Magistrate to stand unchallenged. His attorney, Arthur Saldivar, has filed a Habeas Corpus Application before the Supreme Court, to be heard by Justice Michelle Arana.
Today, it was called up for a full hearing, but it couldn't move forward because the transcripts and notes from the case in the Chief Magistrate's court have not been sent up to the Supreme Court as yet. Because of that, the case had to be adjourned, and outside of court, his attorney, spoke to the media explaining the nature of this application which he hopes will get his client freed:
Arthur Saldivar, Attorney
"The matter is an application for habeas corpus to have Mr. Seawell eventually we hope be release based on what we deem is unlawful detention. Today we had an adjournment of the matter. The registrar and the lower courts have yet to furnish the information to the judge hearing the case, so we will be back on the 18th March to further pursue this action. Its an application to show the court by virtue of what the law is that the detention is unjust - that there is an abuse of process at play and that the constitutional rights of the applicant has been violated to an extent that a fair trial would not be had if extradition was to take place."
"The basic premise in this matter is that there are no judicial documents in existence forming a part of the bundle upon which a prima facie case could be founded. Under our law there is the requirement that any deposition or statement or oath bears within it an understanding that the maker knows that he is to be truthful and also appreciates the fact that where they are not truthful that the penalty of perjury applies to them. Where that cannot be evidence on the document - the document cannot be deemed as admissible for the purpose of judicial adjudication."
The matter goes back to the court on March 18, where it is expected that it will have its full hearing.
