Resident Magistrate Lorraine Smith is to make a ruling today as to whether she had the authority to call an American diplomat for cross-examination at an extradition hearing.

Businessmen Gareth Lewis of Golden Spring, St. Andrew, and his 75-year-old blind father, Jeffrey Lewis, who are wanted in the United States to face drug charges, are seeking to have the diplomat testify at the extradition hearing.

The diplomat, who is also a U.S. Drug Enforcement Agency (DEA) agent, had given an affidavit in support of the extradition of the men. The court was informed on Monday that officials at the American Embassy had said the diplomat was not going to testify because of diplomatic immunity.

Question on testimony

Frank Phipps, Q.C., and attorney-at-law Katherine Phipps, who are representing the men, made an application on Tuesday in the Corporate Area Resident Magistrate's Court for the diplomat to be cross-examined on the affidavit. Mr. Phipps argued that the diplomat could not invoke the jurisdiction of the court to have the men extradited and then say because of diplomatic immunity the person cannot testify.

Last month Chief Justice Lensley Wolfe turned down an application by Gareth Lewis to have telephone records unsealed to see if they were legally obtained by the police.

The two men, who operate a shipping company, have been in custody since August last year.

It is being alleged that they were part of an international drug network that transported large quantities of cocaine from Colombia to the United States.