(Trinidad Guardian) A 48-year-old man wanted in the United States for smuggling over US$1 million in cocaine and heroin into that country is now set to be extradited after suffering yet another legal defeat.
Delivering an oral judgment after hearing lengthy submissions at the Hall of Justice, Tuesday morning, Appellate Judges Mark Mohammed, Peter Rajku-mar, and Ronnie Boodoo-singh rejected Shurlan “Chalkie” Guppy’s appeal over a judge’s decision to dismiss his challenge against his proposed extradition to the US.
Justice Mohammed, who delivered the panel’s unanimous judgment, said that High Court Judge Ricky Rahim could not be faulted for his handling of Guppy’s case.
“It could not be said the judge was plainly wrong or erred in law,” Justice Mohammed said.
Guppy filed the lawsuit after acting Chief Magis-trate Christine Charles approved extradition proceedings brought by the Office of the Attorney General, on behalf of the US, on July 31, last year.
Justice Mohammed noted that he and his colleagues were willing to uphold an application from the AG’s Office to strike out the appeal based on Guppy’s lawyers failing to file a record of appeal within the stipulated period.
However, despite the procedural issue, they still went on to consider the three grounds of appeal raised by Guppy’s legal team and rejected them.
They noted that their colleague was right to dismiss Guppy’s claim that he was entrapped by US law enforcement agents.
They stated that while there was evidence that US enforcement agents paid him US$5,000 for a previous shipment of drugs, there was also evidence that he was allegedly involved in drug trafficking before the payment was made in 2020.
“These were conclusions reasonably open to the judge based on the material before him,” Justice Mohammed said.
Justice Rajkumar pointed out that while Guppy could rely on entrapment as a defence in the US, such was not applicable in T&T or the United Kingdom.
“Would he not be in a better position?” Justice Rajkumar asked.
The judges also ruled that their colleague was also entitled to reject Guppy’s claim that the US acted in bad faith by failing to prosecute his wife and father-in-law, who are US citizens, although there was evidence of them participating in the same criminal conduct he is accused of.
“There is no evidence of differential treatment by citizenship,” Justice Mohammed said.
They found no merit in Guppy’s claim that his extradition disproportionately affected his constitutional right to family life based on the potential impact on his son, who has autism.
They noted that his son, who moved from the US to live with him in Trinidad, would have more access to specialised education programmes for his medical condition if he returned to live with his mother in the US.
“It is in the best interest of the child to return to the US,” Justice Mohammed said.
Immediately after the judgment was delivered, Guppy’s lawyer Mario Merritt sought to apply for a stay of his extradition to give him time to consider a possible final appeal before the United Kingdom-based Privy Council.
He noted that US officials were present in court and would seek to execute Guppy’s extradition if the court’s decision stood.
The impromptu application was swiftly rejected by the appeal panel, who noted that he failed to prove that Guppy had valid grounds to claim such.
The judges were also careful to note that the country’s final appellate court would only overturn concurrent findings by the local courts in exceptional circumstances.
As part of their decision, the judges ordered Guppy to pay the State almost $100,000 in legal costs for defending his appeal.
Guppy is wanted in the US for a series of charges including conspiracy to distribute heroin and cocaine, attempted distribution, and distribution of narcotics in the Eastern District of Pennsylvania.
The evidence against him presented by US authorities to aid in his extradition includes intercepted communications, drug seizures, and the evidence of a US informant, who allegedly identified Guppy as a supplier of narcotics.
In September 2023, T&T Police Service (TTPS) officers with the assistance of the US Drug Enforcement Administration (DEA) arrested Guppy at an upscale rental property at Ascot Road, Goodwood Park, Westmoorings.
The officers reportedly found 1.2 kilos of pure cocaine and a loaded firearm at the property.
Guppy was also represented by Randall Raphael. The AG’s Office was represented by Ravi Rajcoomar, SC, Raphael Ajodhia, and Raydon Dalrymple-Watts.
On Wednesday, the Attorney General and Minister of Legal Affairs expressed gratitude to the attorneys who represented the State in the case of Shurlan Guppy versus The Commissioner of Prisons and the Attorney General (No. CA P388 of 2024).
In a statement the AGLA said the Court of Appeal ruled in favour of the State, rejecting Guppy’s appeal and refusing a conditional stay of his extradition. It said this ruling removes the penultimate legal obstacle to Guppy’s (a Trinidadian national) extradition to the United States, where he is confronted with several international drug trafficking charges.
