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Seawell Brother Mark Tries To Slip Through Same Legal Loophole as Gary
posted (February 28, 2017)
3 months ago the Court of Appeal freed Gary Seawell, who had been in prison for 6 years while pending extradition to the US. Well, his older brother Mark is still fighting his extradition to the US for the same drug trafficking charges. And he intends to use his brother's case as precedent for why he should be set free as well.

His attorneys went back before the Chief Justice today to apply to have additional arguments admitted in his Habeas Corpus Case. That case has been before the Chief Justice since August 2013, and in that 3 years and 6 months since, Chief Justice Benjamin has not delivered judgment. So, since the court hasn't ruled yet, his attorneys are asking that he allows them to make additional arguments. They want to add that the Chief Magistrate's Warrant for his committal to Prison is defective, which was the very same grounds his brother Gary used to beat his extradition.

The Chief Justice heard arguments today from his lawyers as well as the Acting Solicitor General on whether or not he should even entertain them on re-opening the case. When they left court, Seawell's attorneys told us more:

Anthony Sylvestre, Attorney for Mark Seawell
"As you will recall sometime last year in November, Gary Seawell whose extradition request are on the same basis with Mark. The same facts, the same time an extradition request was made back in 2006. In the case of Mark, however, Mark unfortunately has been on remand and incarcerated a much longer time. Now, you will recall that Gary Seawell on his appeal to the court of appeal, the question of the validity of the warrant. When somebody is actually taken out of circulation, is arrested and order to go to prison, there has to actually be an order. It's called a warrant. At the time it was shown that the warrant on which Gary was being held at prison was defective and therefore his detention was unlawful."

"We are now asking the Honorable Chief Justice to hear arguments in respect to that similar point, the validity of the warrant for Mark Seawell and so that is what we came to court to argue this morning and the court will make a decision as to whether it will allow us to make those arguments on the 7th March."

Daniel Ortiz, 7News
"Is this a case where this particular warrant - there is question as to its validity? I thought that the Gary Seawel case was specific to that particular warrant. Is it something that can be applied here as well?"

Anthony Sylvestre, Attorney for Mark Seawell
"Well that is what we are saying, that in respect to the validity of a warrant, it has to have certain matters and certain factors set out. the extradition act requires, and we after reviewing Mark's warrant, we are of the view that there are similar deficiencies in it which we would wish to put beofore the court and show the court and in that regard have the matter be dispense with and disposed of."

Bryan Neal, Attorney for Mark Seawell
"This man has been on remand from 2006, over 10 years locked up at the request of the American government. So what we are saying now is that in the interest of justice for the Chief Justice, look at the fresh principles of law that arose in the court of appeal, consider them and put them all in a bundle and make a decision on the case."

Reporter
"Those would be binding on this court?"

Bryan Neal, Attorney for Mark Seawell
"That is so. The doctrine of judicial precedent will say that he has to give some regard to what was said and our position is that the same flaws that existed with Gary Seawell, also exist with Mark Seawell. So why go court of appeal, get this man in jail more years for something that he inevitably he will walk home free."

Each side goes back before the Chief Justice on March 7, at which time, he will rule on whether or not he will allow the case to be re-opened.

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