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Stabroek News

Phipps says Minister of Justice misleading public
published: Thursday | March 22, 2007


Phipps

Prominent Queen's Counsel Frank Phipps has accused Minister of Justice and Attorney-General, A.J. Nicholson, Q.C., of giving misleading statements to the public to divert fault from himself for his "unseemly haste" in extraditing two Montego Bay businessmen to the United States.

Leebert Ramcharan and Donovan 'Plucky' Williams lost their appeal on Friday afternoon and were flown out to the United States on Sunday morning. They are to face trial for conspiracy to import, possess and distribute cocaine in the U.S.

A simple call

Mr. Nicholson had said in a statement Tuesday that all the lawyers needed to do was to make a simple telephone call to him or other government officials to the effect that further proceedings were contemplated.

"It is misleading to give the impression that a telephone call to named officials was necessary to halt the minister's action when all the named persons already knew that the Attorney-General and themselves are parties to the case that is at present before the Privy Council, " Mr. Phipps said.

He said Mr. Nicholson "cannot plead ignorance of what the Attorney-General knows, which should require that further extradition should be put on hold. A Jamaican man is challenging the Extradition act before the United Kingdom Privy Council on the grounds that the act was unconstitutional. Mr. Phipps said in a statement on Monday that the minister should have awaited the outcome of that case before extraditing the men.

Two months to consider

Mr. Phipps said the minister had two months in which to consider whether he should extradite a citizen after the court proceedings were exhausted. He said it was misleading for the minister to give the impression that a lawyer could take action on behalf of his client without receiving instructions.

"It is not the first time that this Government is accused of employing "Gestapo tactics" against its citizens," Mr. Phipps said. He stressed that to send away his client Williams, without allowing him time to consult with his lawyer or speak to his family was "the use of power typical of what takes place in a totalitarian state".

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