The 10 year-saga of the Seawell brothers and their fight against extradition to the US is over. And tonight, Mark Seawell joins his brother, Gary on the outside after a prolonged imprisonment for drug importation charges. The Chief Justice has discharged him of all extradition proceedings, based on the same premise of a faulty committal warrant which has poisoned his extradition.
That's the decision that was handed down this morning, 6 days after his attorneys introduced this new argument in the case. Seawell's legal team of Anthony Sylvestre, Bryan Neal, and British Barrister Ben Cooper were given the opportunity to make the case against the committal warrant, which didn't follow certain rules of procedure. They told the Chief Justice that the examining Chief Magistrate, Margaret McKenzie, made mistakes with the procedures for his committal to Prison.
First, the the magistrate failed to issue a warrant that complies with the Extradition Act; second, the magistrate failed to properly state the offenses against Mark Seawell that was proven in the warrant of committal; and third, the magistrate failed to send the Foreign Minister a certificate of the committal, and a report on the case.
6 days later after those arguments 3 and a half years of waiting on the Chief Justice to make a decision on the 2013 habeas corpus trial, the judge agreed and released him. He's been on remand since February 2007; that's over 10 years away from his family and his children. Our 7News team was at court for that moment when the he was allowed to go home, Daniel Ortiz has that story:
Daniel Ortiz reporting
After 10 years on lockdown with no foreseeable end to his detention in sight, Mark Seawell exited the Chief Justice's court room a free man. His rather unusual stroke of good fortune caught the entire awaiting press off guard, but Seawell was more than ready to go home. So, we had to chase behind him to get his first reaction to the weight of the extradition being lifted off his shoulders.
Reporter
"Talk to us about the experience of being held this long and not being able to see your family and your loved ones?"
Mark Seawell - Freed of Extradition to the US
"I am just grateful to be free."
Daniel Ortiz, 7News
"What's the thing that has been on your mind the entire time?"
Mark Seawell - Freed of Extradition to the US
"Freedom."
Reporter
"Sir, can you just stop?"
Mark Seawell - Freed of Extradition to the US
"I can't stop, don't you see I am free. It's been too long."
His Belizean attorneys were more forthcoming, and they say that the same fatal flaw in procedure that his brother, Gary Seawell, was released on, was once again present in Mark's case. The Chief Justice considered it, and that was the reason for his ruling that Mark should go free.
Anthony Sylvestre - Attorney For Mark Seawell
"Mark as you will recall, he was arrested in February 2007, following on the warrant of apprehension that was issued in December 2006. In Gary's case, he was arrested in 2010, but as it were his extradition proceedings actually fast tracked and proceeded quicker and faster than Mark and so what happened whilst Mark Extradition process was still in the pipeline, Gary's matter went to the court of appeal and you will recall that court of appeal landmark decision in November of 2016 last year in which the court of appeal, without giving reason, had discharged Gary Seawell in respect to the same matter which has arisen in Mark's case - that is where a warrant of committal was issued by the chief magistrate and it has been shown and later has been revealed that the warrant did not comply with the strict provisions of the extradition act and specifically in Mark's case, it did not set out the offences for which he is to be extradited and the learned chief justice ruled that that amounts of his constitutional right and is contravention of the extradition act."
For his detention to now be deemed unlawful, the years that Mark Seawell has spent in jail is a serious matter for him.
Reporter
"Do you consider justice delayed, justice denied?"
Mark Seawell - Freed of Extradition to the US
"Definitely."
His attorneys do believe he has a valid civil case against the state for unlawful detention.
Bryan Neal - Attorney for Mark Seawell
"When you look at what the chief justice has said, he had said that the document that Mark Seawell was being held in the prison on was flawed, was an error of law. Therefore every day that he was detained was an illegal detention. This man has been in prison for over 10 years and he was been on an illegal warrant now for almost 7 years. So to answer the question about compensation, definitely the state itself should consider where they have taken away this man's liberty for all these years if they want to compensate Mr. Seawell."
Daniel Ortiz, 7News
"Is there any concern that at this stage the US may make another attempt at extraditing your client, or do you all feel that this is the end?"
Bryan Neal - Attorney for Mark Seawell
"I don't speak for the US government, but what I can say is for you to hold a man for 10 years, hold him on an illegal warrant for so long and then try to come and re-arrest him, would clearly be an abuse of process and that would be met with every challenge that we could muster. Before it slips me, I want to give a special thank you to Mr. Ben Cooper, because he was really instrumental in getting Mr. Seawell his freedom. So big props to Ben who is in the UK - thank you very much."
So, the judge has granted a writ of habeas corpus, which discharges all extradition proceedings against him. That means that the US federal court won't get the opportunity to try him on a laundry list of indictments that they had against him. We've seen the list, and it includes 1 count of conspiracy to import cocaine into the US, 1 count of conspiracy to distribute and process with the intent to distribute marijuana; 1 count of conspiracy to commit money laundering; 8 counts of money laundering; 6 counts of laundering money to conceal or disguise the nature, locations, source and ownership of proceeds of the sale of cocaine and marijuana; 16 counts of the unlawful importation of cocaine into the US; 4 counts of unlawful attempt to import cocaine in the the US; 1 count of attempting to possess with intent to distribute; and 1 count of operating a continuing criminal enterprise.
Of note is that Mark Seawell's younger brother, Gary, was released with a writ of habeas corpus from the Court of Appeal in November of last year. Their other brother, Duane, has pleaded guilty to all charges after being caught in Miami, and he is currently serving a 17 year prison sentence in the US.
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