The Supreme Court yesterday ruled that the matter involving drug accused businessman Barry Datram should conclude first in that court before any proceedings regarding his extradition to the US could be heard in the lower court.
The ruling came three days after Datram was arrested on a provisional arrest warrant issued by the US for allegedly conspiring to import over five kilos of cocaine into that country.
Magistrate Hazel Octive-Hamilton had remanded Datram when he first appeared before her late Friday afternoon in relation to the US warrant, and adjourned the case to yesterday. However, his attorneys had argued that her court did not have the power to usurp jurisdiction over Datram when he is before the High Court.
Datram’s attorney Vic Puran told the court that the issue of his detention was a live one upon which the High Court has to pronounce. He further said that Datram was taken to the Magistrate’s Court under detention and that detention itself was an issue before the High Court. “And this court being an inferior court cannot determine the issue of detention,” he argued.
Datram was first arrested following the abduction of his wife Sheleza and their three-year-old daughter, two Saturdays ago, by two foreigners. Police had detained him beyond the 72 hours that the law allows a person to be held in custody before being charged. His lawyers had approached the court with a Habeas Corpus writ last week, but police had asked for an extension to conclude their investigation into the kidnapping, which they said was drug-related. Justice Yonette Cummings-Edwards had ap-proved the extension. The man’s lawyers subsequently appealed the order before Justice Jainarayan Singh Jr who re-leased Datram on $100,000 bail.
However, police said soon after bail was granted, they received the warrant from the US, and Datram was re-arrested.
Puran had contended that his client was never released and filed another motion in the High Court on Friday calling on the police to explain why they did not execute the court order and release Datram. That matter continued in the High Court yesterday at which time Justice Singh, ordered that the matter regarding the provisional arrest warrant in the Magistrate’s Court be stayed until the proceedings before him have been completed.
Just before noon yesterday Datram was taken to the Magistrate’s Court for the scheduled hearing before Magistrate Octive-Hamilton. However, when the case was called, Datram was not present. Attorney-at-law Candace Raphael, on behalf of Director of Public Prosecutions Shalimar Ali-Hack, told the court that the High Court had ruled that the proceedings in the Magistrate’s Court should be stayed pending the determination of the High Court proceedings.
Magistrate Octive-Hamilton then asked why Datram was not standing before her and Puran argued that he ought not to be present because the proceedings in her court had been stayed. The magistrate disagreed, saying that she wanted to see Datram before her so could hear all the proceedings. She then ruled that the proceedings will be stayed.
Datram’s pregnant wife Sheleza had told Stabroek News last Thursday that her husband went out on Friday night last and when he returned home around 2am on Saturday and called out for her to open the door two men pushed their way into the home. She said the men did not speak English and they used signs to indicate that they wanted money and jewellery. The woman said the men took her and her husband upstairs where they handed over the money and jewellery before they took them back downstairs, bound them and ordered them to lie down.
Sheleza said the abductors then bundled up her daughter and attempted to take the child away. The woman had said she pleaded to accompany her child and the kidnappers took them from the premises.
Hours after the kidnapping Venezuelan Raul Munzo Antonio Centeno was shot dead in a gun battle with police while his compatriot Manriquez was captured. Police have since held a third foreigner.
