Extradition proceedings for British cocaine fugitive starts
Extradition proceedings for David Philip McDermott, the British national who is alleged to have been part of a gang that smuggled 400 kilogrammes of cocaine with a street value of £70 million from Argentina to the United Kingdom, began at the Criminal Division of the Accra High Court last Tuesday.
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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 hide out in Accra on March 11, 2016.
The extradition proceedings began following a request from the British authorities to that effect.
McDermott is wanted by the UK Government to stand trial in the Liverpool and Knowsley Magistrates Court for narcotic offences in the UK.
He is facing three counts; namely, conspiracy to contravene section 170 of the Customs and Excise Management Act, 1979, contrary to section 1(1) Criminal Law Act 1977, conspiracy to supply a controlled drug of Class A contrary to section 1(1) Criminal Law Act 1977 and conspiracy to blackmail contrary to section 1(1) Criminal Law Act 1977 of the UK.
Making a case for the extradition of the fugitive at the court’s sitting in Accra, a Senior State Attorney, Mr Richard Gyambiby, said a state exercised criminal jurisdiction over offences which occurred within that state’s geographical boundaries.
“If a person who is alleged to have committed a crime in the United Kingdom is found in Ghana, the United Kingdom can apply to Ghana to extradite him to the United Kingdom and vice versa on the following grounds: the offence is not political; there exists and extradition treaty between the two countries; the offences which the fugitive has been charged with exist in both laws and satisfy the principle of double criminality and there is reciprocity between the two states.”
Relation to Ghana
Linking the charges levelled against McDermott to the laws of Ghana, the prosecution explained that the offences with which the fugitive has been charged in the UK include conspiracy to supply cocaine.
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“This offence can be found in section 56 (c) and 6 (1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 (PNDCL 236). Conspiracy to supply cocaine, a narcotic drug, is an extradition offence and can be found in the “First Schedule of the Extradition Act, 1960 (Act 22). The power to extradite from Ghana to the UK for an extradition crime is based on the following authorities: Extradition Act, 1960 (Act 22) and Extradition Treaty between Ghana and the United Kingdom.
“It is submitted that the offence is not a political one. There exists an extradition treaty between Ghana and the UK and also the offence with which the fugitive has been charged exists in the laws of both Ghana and the UK,” Mr Gyambiby noted.
Facts of the case
According to the prosecution, the case arose out of an investigation by the National Crime Agency of the UK.
The facts of the case are that on May 8, 2013, a Maesrk Line Container carrying a consignment of frozen beef from Argentina was imported at Tilbury Docks, Essex.
The consignor was Marfig Argentina S.A, Estanisloa Zeballos 2739, Piso PB – 1643, Beccar, Bueno Aires while the consignee was Weston Importers Ltd T/A Marfig, Europe, Kitchen Range building, Kingfisher Way, Hinchbrooke Business Park, Huntingdon, PE29 6FJ.
It said the customer for the consignment was Masterfoods UK (NW) Ltd and the trading address for Masterfoods was listed as Unit 1.3, 51 Bengal Street, Manchester, M4 6LN.
The container was destined to be delivered to the premises of Wigan Cold storage, Miry lane, Wigan, WN6 7TG. This was a regular address for consignments being imported into the UK by Weston Importers Ltd T/A Marfig.
Discovery
On the same day (May 8, 2013), officials from the Port Health Authority officers conducted a routine examination of the container and on opening the doors they discovered approximately 16 black holdalls stacked just behind the doors.
A field test of the wrapped substances within these packages tested positive for cocaine and the weight was estimated at 400kg. The drugs were confirmed as 79 per cent cocaine by scientific analysis of a 10 kg sample.
On May 10, 2013, the Serious Organised Crime Agency (SOCA) officers conducted a controlled delivery of the load to the Wigan Cold Storage premises.
The Managing Director and other workers were all arrested later.
On May 16, 2013, the fugitive and his accomplices, namely Frank Oakford, Gary Keating, Ian Stanton, Anthony Saunderson, were observed at a KFC restaurant in Aintree, Liverpool, at a meeting discussing the consignment of drugs.
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“This meeting was recorded and the conspirators were heard discussing the importation of the drugs into the Wigan Cold Storage. They discussed the fact that the commodity had gone missing, the disappearance of the managing director of the Wigan Cold Storage, methods to recover the drugs and action to take against those responsible for its disappearance. Violence and threats were clearly contemplated to be used,” the prosecution noted.
“At the meeting, David McDermott describes all those present as expecting a part of the consignment of drugs. It is significant to note that all the other co-conspirators have been arrested and jailed on their own plea of guilty to the offence of conspiracy to supply cocaine and blackmail. The above fugitive remains the only outstanding member of the conspiracy,” the prosecution added.
It also emerged during investigations that the consignment was ordered by Anthony Short, an alleged associate of McDermott.
Short used fictitious names such as ‘Malcom Copwells’, ‘Malcom Topwells and ‘Malcom Tops,’ all to the knowledge of the fugitive.
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“Analysis of devices attributed to Short and McDermott show them to be in frequent and regular contact between 23rd November 23, 2012 and May 22, 2013. This date period is consistent with the conspiracy with the most recent voice call between the two being on May 16, 2013, the day of the KFC meeting,” the prosecution noted.
“Further, the link between customer records for travel company ‘DialAFlight’ shows that a Mr Mark McDermott booked a number of flights for David McDermott to Ghana during 2013,” the prosecution said.
The prosecution said McDermott is believed to be a key figure within the conspiracy to supply a large quantity of cocaine to the UK, for which his extradition is being sought by the UK Government.
“The UK government through its High Commission in Accra sent depositions through the Ministry the Ministry of Foreign Affairs requesting the extradition of David Philip McDermott,” the prosecution added.
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Investigator testifies
An investigator from the Bureau of National Investigations, Detective Sergeant Marcus Yawlui, rehashed the facts of the case and tendered in evidence the necessary documents to facilitate the extradition of the fugitive.
He said Short was currently serving 22 years in prison and that the number that the fugitive used to contact Anthony Short was traced to Ghana by the British authorities.
“A search conducted at the fugitive’s place of abode led to the discovery of his British passport bearing his photograph and name David Philip McDermott.
“Also found was a Ghanaian passport bearing his photograph, with a changed name as David Smith. A check conducted into the background of this Ghanaian passport detected that it was fake,” the investigator said.
Earlier, lawyer for McDermott, Mr Victor K. Adawudu, objected to the document containing the extradition request from the United Kingdom (UK).
Answering questions during cross examination from Mr Adawudu, the investigator told the court he was not part of the team that arrested the fugitive and he could not tell the exact time the fugitive was picked up.
Hearing continues today, March 24, 2016 for further cross-examination of the investigator.