GEORGETOWN, Guyana, Jul 18, CMC – Solicitor General, Nigel Hawke, says a Guyanese national who is now in Suriname on drug related charges had opted not to subject himself to extradition proceedings.
Hawke made the disclosure after the lawyers representing Raymond David have gone to the High Court here challenging their cient’s extradition to Suriname, describing the move as “illegal”.
David, who previously lived in Suriname was arrested by members of the Guyana Police Force (GPF) at his business place recently and taken to the Ruimveldt Police Station, where he was told that he was wanted for murder in Suriname.
On June 19, David was reportedly transported to the Springlands Police Station in Berbice where he was handed over to six Surinamese police officers, and transported by boat to Suriname. Since then, he has been held in detention in Suriname.
Speaking at a news conference, attorneys Dexter Todd, Dexter Smartt and Eden Cobin told reporters that from all indications, their client’s fundamental human rights, and the Fugitive But Hawke in response to a letter sent by Todd on the issue, noted that “Mr. David stated that he was willing to relinquish his rights in Guyana. He also indicated that he was aware of being wanted in Suriname and, given that his wife operates his business in Suriname, he would prefer not to go through the formal extradition process.
“Instead, he expressed a willingness to return to Suriname to address the matter there,” Hawke wrote to Todd in response to the letter, captioned “unlawful apprehension and removal of Mr. Rayman David – breach of extradition law and due process” to the Guyana Police Force.”
Hawke said the wanted man refused to have this decision recorded in writing or through audio-visual means.
He said that after the wanted man said he would prefer not to undergo extradition proceedings, the Guyana Police Force invoked its “mutual assistance cooperation” and took him to the Guyana-Suriname ferry where he was placed into the custody of Surinamese police.
“Please be informed that the Guyana Police Force has mutual assistance cooperation arrangement in criminal matters with several counterpart Law Enforcement Agencies in Caricom, North America and beyond which provide for the process embarked upon by
the Guyana Police Force in the instant case. These facilities have been invoked and used reciprocally over the years,” the Solicitor General said.
Hawke said “in the circumstances, each and every allegation of unconstitutionality, unlawfulness and illegality made in your letter is hereby strenuously deny.”
The attorney for David told reporters that they would be seeking a declaration that his arrest, detention and removal from Guyana, was unlawful, breach of the Fugitive Offenders Act, and should not be taken lightly. It is also a violation of his fundamental rights.
“We also intend on seeking a writ of mandamus, compelling the Government of Guyana to use all diplomatic means and all diplomatic channels to let the Government of Suriname know that this man, this young man, was removed from Guyana’s shores by illegal means, the court has made such declarations, that he should be returned immediately,” Smart told reporters.
The lawyers said that the procedure for extraditing a Guyanese national is clearly outlined in the Fugitive Offenders Act that requires that in the case of extradition, a person must first be accused or convicted of a serious offence that is punishable to no less than two years in prison.
Corbin told reporters that extradition requests are channeled through the State, through Ministers of Foreign Affairs and Home Affairs, and then the Courts before a final determination is made in relation to the accused.
Corbin said in the case of David, the Fugitive Offenders Act was completely breached, as no such procedure was followed.
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