Barbara Gayle, Staff Reporter

Montego Bay businessmen Leebert Ramcharan and Donovan ?Plucky? Williams, who are wanted in the United States to face drug charges, have lost their appeal against their extradition orders.

Ramcharan who has been designated a drug kingpin by U.S. President George W. Bush, was contending that such a designation would prevent him from getting a fair trial.

Deputy Solicitor General Patrick Foster, who appeared along with Director of Public Prosecutions Kent Pantry, Q.C., said, "This Court of Appeal decision regarding the impact of drug kingpin designation on extradition matters will now be used in appropriate cases as a precedent."

The Court of Appeal, comprising Justice Paul Harrison, President of the Court of Appeal, Justice Howard Cooke and Justice Hazel Harris, unanimously held that the designation would not prevent Ramcharan from getting a fair trial in the U.S.A.

Justice Harrison said in the 123-page judgment handed down yesterday that the Kingpin designation, unflattering though it may be, has not been shown to be of such a dimension that it will affect the trial process".

Professor Winick, a national expert on jury selection in the United States had given his opinion on the probable effect the designation had on jurors. In testifying on behalf of Ramcharan in November 2004, he regarded the designation as a newsworthy event which was available to all potential jurors in the Southern District of Florida where Ramcharan is to be tried.

The court said that Professor Winick did not say in his evidence that the federal courts would not permit measures to be taken to ensure a fair trial.

Lord Anthony Gifford, Q.C., and attorney-at-law Hugh Thompson who represented Ramcharan had argued that his designation under the Foreign Narcotics Kingpin Designation Act was applicable only to non-nationals and was a discrimination against Ramcharan by reason of his nationality.

In response the court held that Ramcharan?s prosecution was not because he was a Jamaican nor because he was a non-national of the United States but because of "his alleged involvement in drug trafficking activities".

In June, 2004 the two men were ordered extradited to the USA following a hearing in the Corporate Area Resident Magistrate's Court, to face conspiracy charges. It is being alleged that they were involved in the trafficking of cocaine from Jamaica to the United States.

Frank Phipps, Q.C., and attorney-at-law Wentworth Charles who represented Williams had argued that the indictment which charged conspiracy to possess and distribute cocaine were not offences under Jamaican law and therefore Williams should not be extradited.

The Court of Appeal disagreed saying that "conspiracy to possess with intent to distribute," though worded differently from the approach in Jamaica, are recited offences which are recognisable in Jamaican law."

The men had appealed against a Supreme Court ruling in September last year which turned down their application to have the extradition orders set aside.
Ramcharan and St. Ann businessman Norris 'Deedo' Nembhard have been designated drug kingpins. Nembhard and five other men have been ordered extradited to the USA and are now fighting the extradition order in the Supreme Court.

Nembhard and Ramcharan are among 10 persons and organisations identified by President Bush as drug traffickers and against whom sanctions will be imposed according to the powers vested under the Foreign Narcotics Kingpin Designation Act.

Ramcharan, Williams face extradition to US handed down yesterday that the Kingpin designation, unflattering though it may be, has not been shown to be of such a dimension that it will affect the trial process.

Professor Winick, a national expert on jury selection in the United States had given his opinion on the probable effect the designation had on jurors. In testifying on behalf of Ramcharan in November 2004, he regarded the designation as a newsworthy event which was available to all potential jurors in the Southern District of Florida where Ramcharan is to be tried.

The court said that Professor Winick did not say in his evidence that the federal courts would not permit measures to be taken to ensure a fair trial.

Lord Anthony Gifford, Q.C., and attorney-at-law Hugh Thompson who represented Ramcharan had argued that his designation under the Foreign Narcotics Kingpin Designation Act was applicable only to non-nationals and was a discrimination against Ramcharan by reason of his nationality.

In response the court held that Ramcharan?s prosecution was not because he was a Jamaican nor because he was a non-national of the United States, but because of ?his alleged involvement in drug trafficking activities?.

Conspiracy charges

In June, 2004 the two men were ordered extradited to the USA following a hearing in the Corporate Area Resident Magistrate?s Court, to face conspiracy charges. It is being alleged that they were involved in the trafficking of cocaine from Jamaica to the United States.

Frank Phipps, Q.C., and attorney-at-law Wentworth Charles who represented Williams had argued that the indictment which charged conspiracy to possess and distribute cocaine were not offences under Jamaican law and therefore Williams should not be extradited.

The Court of Appeal disagreed saying that ?conspiracy to possess with intent to distribute,? though worded differently from the approach in Jamaica, are recites offences which are recognisable in Jamaican law.?

The men had appealed against a Supreme Court ruling in September last year which turned down their application to have the extradition orders set aside.

Ramcharan and St. Ann businessman Norris ?Deedo? Nembhard have been designated drug kingpins. Nembhard and five other men have been ordered extradited to the USA and are now fighting the extradition order in the Supreme Court.