“The Game Is Over”:

By Macushla N. Pinder -
Nassau, Bahamas:

Judge Rules On Ninety...

Supreme Court Justice John Lyons told the attorney for alleged drug kingpin Samuel "Ninety" Knowles on Thursday that "the game is over" and the attempt to have him brought back to The Bahamas could possibly create a "laughing stock" of the country’s judicial process.

Knowles was recently at the centre of a public furor after government officials extradited him to the United States to face drug related charges. He was extradited despite the fact that a hearing was pending in the Supreme Court.

His attorney, Roger Minnis, had asked the court to issue an order requesting that his client be brought back to The Bahamas so that he can be given due process.

Mr. Minnis had asked that both Minister of Foreign Affairs Fred Mitchell and Attorney General Allyson Maynard-Gibson appear before the court and explain why Knowles "could not be produced" or find them in contempt of court.

Siding with Mr. Minnis, Justice Lyons said in theory the defense attorney’s argument regarding the need for due process was "quite correct."

But he also reminded that contempt of court is a "very serious charge".

"One would expect that persons of such high office would be expected to obey court orders. If they were seen to get away with this, how could you possibly expect others to observe the rule of law?" Justice Lyons asked

"…But the first thing is the order allegedly breached must be unambiguous…The possible ambiguity - when is the matter complete?"

Justice Lyons added that the attorney general might have come to the understanding that Knowles had exhausted his due process.

"On that understanding, is it not open to the attorney general to come to the conclusion that for all intents and purposes, the legal proceedings for Knowles were complete…The attorney general is not only the chief law officer, but leader of the Bar. The traditional obligation is then to protect the judiciary from being made a laughing stock, embarrassment – collectively or individually," he said

With this, he painted a picture of regional judicial colleagues laughing at the fact that counsel would allow an argument that was destined to fail.

It is the point that prosecutor, Francis Cumberbatch built his case on.

As far as Mr. Cumberbatch saw it, even if Knowles were allowed to return to The Bahamas, his application would fall through.

Making his statements for more than an hour, Justice Lyons said counsel had "no place" bringing an application that would cause the court to fall in disrepute or be made a laughing stock.

"Samuel Knowles can carry on with this impossible task. He would buy himself three years, but he would have ended up in the same place, but I don’t intend to be so foolish," Justice Lyons said.

"In my opinion, to pursue an impossible task just to buy time and in the process be likely to cause a laughing stock, to manipulate the court in such a way is an abuse of power…The facts of the matter are very clear. Samuel Knowles has reached the end of the road. Finality has come."

Justice Lyons however commended both sides for their "hard fight" throughout the past six years, which called for a number of strategies and tactics being deployed.

"One can only commend counsel for his efforts, but it is over. I certainly don’t think Samuel Knowles should be brought back to this jurisdiction. The game is over. No extra time," he said.

Knowles is being held at the Federal Detention Centre in downtown Miami.

He is expected to return to court next Tuesday at 9am.

The London-based Privy Council recently dismissed Knowles’ appeal, clearing the way for his extradition.

He had been fighting two extradition requests. The first was made on March 26, 2001, months after a federal grand jury in the United States indicted Knowles and others on counts of conspiracy to possess cocaine and marijuana with the intent to distribute and conspiracy to import the same drugs in the United States between November 11, 1997 and December 8, 2000.

The second request was made on February 6, 2002. It charged Knowles and others with counts of conspiracy to smuggle cocaine into the United States between June 1995 and 1997.

But there was the outstanding application before the Supreme Court seeking his release, as pointed out by the Privy Council in its ruling.

That appeal was based on U.S. President George Bush’s reference to the accused as a drug kingpin.

His attorneys had maintained that such labeling would prevent their client from receiving a fair trial.

Knowles was extradited on August 28, 10 days after Justice Lyons scheduled a hearing date for the habeas corpus application to be heard.


29 September 2006

extradition