By KHRISNA VIRGIL

Tribune Staff Reporter

kvirgil@tribunemedia.net

EIGHT Bahamian men were extradited to the United States yesterday to face drug trafficking charges after an 11-year legal battle.

Under heavy police guard, Melvin Maycock Sr, Sheldon Moore, Gordon Newbold, Bryan Deal, Lyndon Deal, Carl Culmer, Torrey Lockhart and Wilfred Ferguson were loaded into two aircraft at the Odyssey airport bound for Florida.

They had been fighting extradition requests from US Federal prosecutors since 2004. On Friday, the Court of Appeal had denied their applications seeking bail and leave to take their case to the Privy Council to contest a Magistrate Court’s decision to have them face the charges in the US.

US Chargé d’Affaires Lisa Johnson in a statement said by denying the applications, the Bahamas government and the courts have sent a strong message that those accused of crimes that jeopardise the safety of Bahamian citizens will not be allowed to hide from justice.

She added that this extradition strikes a blow against organised crime and narcotics trafficking in The Bahamas.

“We commend this decision, which is evidence of the close and productive security partnership the United States shares with The Bahamas. We will continue to work in co-operation with The Bahamas to respond to the threats posed by transnational criminal organisations,” she said.

On November 18, the Court of Appeal upheld a Magistrate’s Court’s decision to refuse the applicants’ applications for habeas corpus. The applicants subsequently applied for leave to appeal that decision to the Privy Council, as well as a stay of execution of the decision and bail pending appeal.

“It is well known that more than a mere allegation that a fundamental right has been contravened is required to ground an appeal,” the Court said in its judgment on Friday. “In light of this, there is no basis on which this court can grant leave to appeal as of right on these assertions.

“It is well established that the only issues available for appeal are those raised and/or determined by the court from which the appeal emanates. Consequently, an appeal as of right on these grounds is not available to them. 

“We have carefully considered all of the grounds proposed and arguments made in each case and find that these issues are particular to the applicants, and have already been settled; therefore in our view, no questions of law of general public importance requiring determination by the Privy Council arise.

“As to the applications for a stay of execution of the Court’s decision of 18 November 2015, and the applications for bail pending appeal to the Privy Council; the Court, having refused leave to appeal, is functus. As such the Court has no jurisdiction to determine the referenced applications. It is open to the applicants to seek special leave to appeal and any other relief they may desire from the Privy Council directly.”