10 years ago, Mark Seawell was rolling like a Belizean kingpin - but tonight it looks like he'll be rolling out to the United States...
His extradition hearing which started earlier this year in the Supreme Court ended today when John Muria handed down the decision that 40 year old Mark Seawell can be extradited to the US, to face drug charges there.
According to US authorities, Mark and his brothers Gary and Dwayne are alleged to have imported cocaine into the United States through Mexico and sold marijuana in Texas from December 1994 thru August of 1997. The three are allegedly also responsible for One Million dollars in drug proceeds sent to Houston, Texas, Lakeland, Florida and Belize.
Dr. Elson Kaseke, one of three Attorneys representing Seawell, who made the final submission today to keep Seawell at home, said he raised with the court the issue of the 1870 thru 1932 United Kingdom Extradition Acts, which he says are no longer applicable in respect of Belize, in the context of the Belize-USA 2000 Extradition Treaty. And so for court watchers, the question remains, could this picture today of Seawell bidding farewell to his family, a final goodbye?
Dr. Elston Kaseke, Attornet At Law
"It is section 9 of the Belize extradition act which now regulates extradition proceedings between Belize and the USA. The Judge held that the 1870 extradition act still applies. In his opinion section 9 only applies to the executive not to the judiciary. I have instructions at this point to appeal on both grounds for the court of appeal to determine the very same issues which were determined by the Judge."
Jim McFadzean
"Essentially the crown was using the old treaty between Great Britain and the United States."
Dr. Elston Kaseke
"They were using legislation which has extended the old treaty to Belize. But there is a new treaty now. So my argument that in the context of the new treaty, the extension of the UK legislation to Belize automatically falls away. It was extended in the context of the old treaty so that when a new extradition treaty regime was entered into by the independent state of Belize with the independent state of the USA, Belize as a sovereign nation didn't elect to put a legislative provision which is the section 9 of the Belize extradition act which says this is how extradition Belize and the USA is to be carried out. The language used is mandatory in the opinion of the judge that applies only to the executive and not to the judiciary that's the issue which the court has to decide."
Jim McFadzean
"Any possibility at all that the government might make haste and try to extradite this Mark before you can even file an appeal?"
Dr. Elston Kaseke
"Well for my part I would like to believe that there will be some bona fides on the part of the government. But mischief cannot be ruled out. This case might even go to the CCJ. This is a very interesting point of law. We want the point to be fully developed so that know exactly where we stand in the respect of the effect of section 9 of the Belize extradition act."
The defence says Kaseke, has 21 days to file an appeal. Seawell's defense team also included Attorneys Dickie Bradley and Arthur Saldivar.
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