2 weeks ago, we showed you the arraignment of Andrew Bennett, who becomes the first Belizean attorney to face extradition to the United States. They want him to stand trial in the District of Puerto Rico for 7 counts of money laundering.
At the last hearing, the issue was whether he should be granted bail while the Chief Magistrate reviews the documents, to decide whether or not he should be extradited.
This morning the case went back before Chief Magistrate Sharon Frazer, and this time it was all about the preliminary formalities. Solicitor General Nigel Hawke is trying to ensure that the extradition procedure is followed to the letter of the Extradition Act and treaty with the United States.
So today, before the extradition file from the US Government could be handed over to the Chief Magistrate, it needed to be authenticated as the original and true copy.
He called the officer from the Foreign Affairs Ministry who received it in December. She came before the court to confirm that the documents before the court are the ones she received from the US State Department.
It may sound like a tedious formality, but after the hearing, the Sol Gen, explained the significance of this procedure:
Nigel Hawke - Solicitor General
"All we did today is we laid the documents over formally, they were authenticated. So, the next step now is disclosure, and then, we move to a date for having the evidence led."
Daniel Ortiz, reporter
"Why exactly was it necessary for the officer from the Foreign Affairs to make an appearance toda?"
Nigel Hawke
"Because, in accordance with the Act, the 1870 Extradition Act, it is required that the documents be laid over by someone who received the documents. She would have received it from the Ministry of Foreign Affairs, and then, the act requires that the magistrate basically authenticate it as being received by here."
Reporter
"You highlighted section 15 of that Act. Talk to us about the importance of that section and the term 'shall be deemed'."
Nigel Hawke
"Yes, well, it says once the documents have been received, and you're satisfied that it is signed by either a foreign officer, a magistrate from the other jurisdiction, the section says it shall be deemed authenticated. When something is "deemed", it is as if it has already been authenticated."
Daniel Ortiz
"So, what happens next in terms of disclosure?"
Nigel Hawke
"So, we disclose exactly what was laid before the court, it will be disclosed to the other side, and then, we move now to the issue of actually leading evidence on the 22 of February."
So, the extradition file is in the possession of the Chief Magistrate who has authenticated it as official documents. The next stage is that the Solicitor General will make full disclosure to Bennett and his attorney, Anthony Sylvestre. After that, Sylvestre will be able to peruse it, and if there are any reasons for him to make written objections, he will be allowed to do so. The next hearing is set for February 22nd.
That's either when the objections - if there are any - will be dealt with, and then the Chief Magistrate will begin the thorough review of the actual evidence contained in the file.
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