British fugitive challenges extradition order

The British fugitive, David McDermott, who is alleged to have smuggled 400 kilogrammes of cocaine to the United Kingdom (UK) is battling a High Court order directing that he be extradited to face trial in the UK.

Besides serving a notice of appeal to contest an order that he should be extradited, the applicant has also filed a motion on notice for an order for interlocutory injunction to restrain the Minister of the Interior, his agents and assigns from extraditing him to the UK until his appeal challenging a district court’s decision is determined.

The lawyer for McDermott, Mr Victor Kwadjoga Adawudu, is expected to move the motion for interlocutory injunction at the High Court on May 4, 2016.

The affidavit in support of the motion on notice for interlocutory injunction said the appellant would suffer “irreparable damage and miscarriage of justice” if he is not given a fair hearing and opportunity to clear his name that he was not dealing in narcotics in Ghana, as had been made known to the public”.

“That the interest of justice will be served if the appellant/applicant is given the opportunity to be heard on his appeal and the respondent and its agents, servants and workmen are restrained by the honourable court,” the affidavit added.

The appeal

A notice of appeal was also filed on McDermott’s behalf at the High Court Registry on April 22, 2016.

According to the applicant, the trial judge, Mrs Justice Merley Wood, erred in law and by way of the facts as put before the court when she ignored the fact that the Extradition Treaty being relied upon by the state had been expressly repealed by provisions under the Extradition Act, 1960 (Act 22).

“The trial magistrate court failed to take cognizance of the fact that there was no Extradition Treaty or arrangement between Ghana and Great Britain and which formed the basis for the respondent asking the court to extradite the appellant,” the notice of appeal noted.

The District Court in Accra, on April 12, 2016, gave the state the nod to extradite McDermott, with the explanation that the UK government’s request for his extradition was in line with all the necessary legal requirements in the country.

In its ruling, the court stated that the offences with which McDermtot had been charged were recognised in both countries.

Mrs Justice Wood, who sat as an additional District Magistrate, noted that the crimes for which McDermtot had been charged were not political in nature.

“In addition, there was an Extradition Treaty between Ghana and the UK. I am satisfied that there are sufficient grounds and a prima facie case against him to be extradited,” she added.

The court, therefore, gave the Ministry of the Interior 15 days to process the necessary documents for the fugitive’s extradition, but as it stands now McDermott cannot be extradited until the court pronounces on his appeal.

Grounds of Appeal

The other ground of appeal is that the “the trial judge erred in law when she held that narcotic was part of extradition crime, although the Extradition Act did not make it an offence for a person to be extradited”.

The appellant intends to file further grounds of appeal upon receipt of the record of proceedings.

Fugitive

McDermott had been hiding in Ghana from the British authorities under the name David Smith for the past three years but was picked up at his hideout in Accra on March 11, 2016.

He is wanted by the UK government to stand trial in the Liverpool and Knotweed Magistrate’s Court for narcotic offences in the UK.

The accused is facing three counts, namely: conspiracy to contravene Section 170 of the Customs and Excise Management Act, 1979, contrary to Section 1(1) of the Criminal Law Act 1977; conspiracy to supply a controlled drug of Class A, contrary to Section 1(1) of the Criminal Law Act 1977, and conspiracy to blackmail, contrary to Section 1(1) of the Criminal Law Act 1977 of the UK.

Defence

McDermott challenged his extradition and his defence told the court that there was no legal basis for his extradition.

According to his counsel, the Extradition Treaty between Ghana and the UK had been repealed and that narcotic offences were not part of crimes that warranted extradition.

He also told the court that there was no warrant from a magistrate for McDermott’s arrest.

Treaty

In its ruling, however, the court disagreed with counsel’s argument, stating that although the treaty had been repealed, some of its provisions were maintained and those provisions had kept the treaty in force.

With regard to counsel’s argument that narcotics were not extradition offences, the court, on the contrary, stated that such offences, indeed, warranted extradition because the country was a signatory to the United Nations Convention on Narcotics, which enjoined it to co-operate with other countries in narcotic-related offences.