Barbara Gayle, Staff Reporter

Businessman Gareth Lewis and his 75-year-old blind father, Jeffrey Lewis, of Golden Spring, St. Andrew, are not giving up in their bid to have an American diplomat cross-examined at their extradition hearing.

They filed an application on Monday in the Supreme Court seeking leave to go to the Judicial Review Court to quash a ruling by Resident Magistrate Lorraine Smith.

Last week Tuesday Frank Phipps, Q.C., had applied for the diplomat, who gave an affidavit in the drug-related case against the men, to be cross-examined at the extradition hearing.

Resident Magistrate Lorraine Smith ruled last week Thursday that she was satisfied, based on what was presented, that the person who gave the affidavit had diplomatic immunity.

The extradition hearing was set for Monday afternoon in the Corporate Area Resident Magistrate's Court but had to be put off after Mr. Phipps informed the court that he was taking the issue to the Judicial Review Court. The RM then adjourned the hearing to March 15.

Mr. Phipps told The Gleaner that application for leave to go to the Judicial Review Court is likely to be heard next week.

Diplomatic immunity

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

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 USA.