Overdue

WHY HASN’T the extradition matter against three men wanted in the United States on drug trafficking matters resumed?And why hasn’t the Chief Magistrate, who is hearing the extradition, concluded it as ordered by the Court of Appeal in a decision a year ago?These questions were asked by two judges of the Court of Appeal yesterday as they dealt with applications by Frederick Christopher Hawkesworth, Sean Gaskin and John Scantlebury, for leave to appeal to the Caribbean Court of Justice (CCJ).“Whatever the reason, [Chief Magistrate Clyde Nicholls] has a duty to continue these proceedings and bring them to an end. They are long overdue,” President of the Court, Acting Chief Justice Sherman Moore, said yesterday.He was commenting after the issue was raised by Queen’s Counsel Leslie Haynes, counsel for the Attorney-General, who said that since a June 2009 Court of Appeal decision which dismissed an appeal by the men to a civil judgement, the Chief Magistrate had not yet completed the extradition hearing.Haynes said this was because the Chief Magistrate “had deemed it inappropriate” to continue the matter until the extradition matter before the Court of Appeal had been completed.Senior Crown Counsel Roger Barker told the court he would “endeavour to convey the sentiments of the court” to the Chief Magistrate so “that in the future there would be no non-compliance”.But Justice of Appeal Peter Williams told him: “You are the attorney advising him and you are not coming to tell us why he has not complied with the court order. It is not a question of conveying sentiments. It is a court order. Why has he not complied with it?”In June 2009, then President of the Court of Appeal but now retired Chief Justice Sir David Simmons, “ordered and directed” the Chief Magistrate to complete the committal proceedings in accordance with the [Extradition] Act “expeditiously as possible”.The matter is scheduled to be heard in the District “A” Magistrates’ Court tomorrow.