The United States on Wednesday issued a provisional arrest warrant for West Coast Demerara businessman, Barry Datram and will soon take steps to extradite him to New York to face charges of conspiracy to export over five kilos of cocaine into that country.
Yesterday afternoon, Magistrate Hazel Octive-Hamilton remanded the 29-year-old Ruimzeight Gardens, WCD resident to prison until Monday. Datram, also known as Kevin Mogatani or `Fatman’ is one of many people here the US has on their radar for alleged involvement in narcotics trafficking.
Datram, a US citizen was ensnared following the abduction of his wife, Sheleza and their daughter on Saturday morning by two Venezuelans, one of whom was shot dead by the police. From the outset the police said that the abduction was drug-related and they have had Datram in custody since.
Police Commissioner Henry Greene told this newspaper that the US warrant arrived in the country on Thursday afternoon, the same day High Court Judge Jainarayan Singh Jr set Dataram on bail in the sum of $100,000. However Greene said that after they received the warrant from the US, Dataram was immediately re-arrested. There was confusion in front of the Brickdam Police Station on Thursday evening after police re-arrested Datram.
Yesterday, Datram’s attorneys Vic Puran, Glenn Hanoman and Mishka Puran filed another motion before Justice Singh calling on the police to explain why they did not follow the court order releasing Datram on bail. The lawyers had earlier filed a habeas corpus writ in the High Court for Datram’s release but the police asked for an extension to hold him and this was granted by Justice Yonette Cummings-Edwards. Datram’s lawyers subsequently appealed the order before Justice Singh who set him free. Stabroek News was told that relatives of the businessman had already deposited the bail and Datram was set free but even before he left the precincts of the Brickdam Police Station on Thursday he was re-arrested. The new motion filed by his attorney was heard yesterday afternoon by Justice Singh and was adjourned until Monday.
Meanwhile, minutes after the High Court proceedings were over yesterday Datram was back in the lower courts before Magistrate Octive-Hamilton.
When the matter was called, Datram rose to his feet, telling the court that “my presence here is unlawful”. Director of Public Prosecutions (ag), Shalimar-Ali Hack told the court that yesterday morning a provisional arrest warrant was granted for Datram and he was brought to court as soon as practicable in accordance with the Fugitive Offenders Act for the purpose of an extradition and remanded to prison until the extradition documents from the US arrive. The DPP pointed out that according to Section 15 of the Fugitive Offenders Act, the court can remand Datram to prison for not more than a month pending the extradition documents.
Mr Detained Person
Puran told the court that he was appearing for Datram who he referred to as Mr. Detained Person. Puran asked whether the Magistrate could usurp jurisdiction over Datram when he is presently before the High Court. He argued that prior to them meeting in the Magistrate’s Court the DPP was in the High Court and she made no mention there about these proceedings. Puran said that the issue of Datram’s detention was a live one upon which the High Court has to pronounce on. He said Datram was brought to the court under detention and that detention itself is an issue which is before the High Court. “And this court being an inferior court cannot determine the issue of detention
