Barbara Gayle, Staff Reporter
A JAMAICAN man who has been ordered extradited to the United States is challenging the Extradition Act of 1991 on the ground that it is unconstitutional because special procedures laid down by the Constitution of Jamaica were not followed when the law was passed.
This is the first time that the Act is being challenged on that basis. It is expected that other persons for whom extradition warrants have been issued will file similar constitutional motions.
LOST IN SUPREME COURT
The motion was filed last week by Trevor Forbes, a 57-year-old businessman of Wickie Wackie, Bull Bay, St. Thomas, who lost his legal battle in the Supreme Court last year to have an extradition order set aside. He is wanted in the USA to face drug-related charges.
Forbes, who is in custody, is appealing the Supreme Court ruling but will be asking the Court of Appeal today to adjourn the appeal hearing which is set for this week so that the Constitutional motion can proceed in the Supreme Court.
Government lawyers Georgiana Fraser, Annaliesa Lindsay and Carlene Larmond are opposing the application.
SEEKING DECLARATION
Forbes is seeking a declaration that the provisional warrant for his arrest, the minister's authority to proceed and the Resident Magistrate's order for his extradition breached his constitutional right guaranteed by section 16 of the Jamaica Constitution and are illegal and of no effect.
He is contending that his threatened expulsion from Jamaica breaches section 16 of the Constitution which guarantees him protection of freedom of movement. He is asking the court to rule that the Act breaches section 6 of the Jamaica Independence Act and sections 49, 50 and 61 of the Jamaica Constitution.
Forbes is wanted in the United States to face trial on charges of conspiracy to import 1,000 kilogrammes of marijuana, conspiracy to distribute marijuana and two counts of importing marijuana. The offences were allegedly committed while Forbes was living in the USA. An arrest warrant was issued on May 24, 2001, by the United States District Court of Florida.
Resident Magistrate Martin Gayle, after hearing proceedings in the Corporate Area Criminal Court, had made an order on July 24, 2003 that Forbes should be extradited to the USA.
During the time that Forbes was facing extradition, he was also charged with the murder of Woman Constable Karen Tingle. She was shot several times while driving her motor car along East Street, Kingston on April 19, 2001.
Constable Tingle, 34, had a one-year-old son with Forbes at the time she was killed. Forbes was subsequently freed of the charge.
