7 News Belize

Rhett Fuller Gets Leave for Privy Council Appeal
posted (June 12, 2009)

The extradition case against Belize City businessman Rhett Fuller officially reached new legal heights today as this morning his attorney applied for and received leave to take the matter to the Privy Council. At its last sitting, the Justices of the Court of Appeal affirmed the order for committal to surrender fuller to United States federal authorities. However, those orders have now been stayed pending the outcome of the decision of the Privy Council in England. Courtenay now has to pay twenty-five hundred dollars and send off the case record, which now stretches over an almost ten year period, within sixty days. Following this morning’s developments, Courtenay told us he remains confident that the extradition request will be quashed for several reasons.

Eamon Courtenay, Attorney for Rhett Fuller
“Certainly we will be ventilating the question of the security to Mr. Fuller in terms of the period of time that has passed and we believe that it is oppressive for it to continue. We will also be raising the question about the Minister’s ability to issue the instruction to the Chief Magistrate. We will also be raising the question of the separation of powers. How can the Minister who is the Foreign Minister and called upon to do what the treaty calls for will at the same time be the ultimate judge of whether or not Rhett goes. We believe that that violates the separation of powers. So those issues we will certainly be taking up in the Privy Council.

I think the law in this area is unsettled, certainly in terms of Belize it has not yet gone before the Privy Council. As you know I’ve been in touch with my colleagues in the UK on this issue and they seem to think that there is a good chance that we have arguments that would prevail in the Privy Council. So I also believe quite frankly that it’s been a very very long period of time and Mr. Fuller really, it is unfair and unjust for it to continue. But we think the law is there to support our case.”

Janelle Chanona,
So you would be setting precedent?

Eamon Courtenay,
“Well hopefully.”

Fuller is wanted in Florida in connection to the 1997 murder of Larry Miller. Viewers should note that there is no statute bar, meaning no limitation on long you can be prosecuted after a crime has been committed, for the crime of murder.

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