Decision due soon on US fugitive
High Court Judge Jo-Ann Barlow will by June 15, 2018 rule on whether or not a magistrate has authority to hear extradition proceedings involving fugitive Marvin Williams, who is wanted by United States law enforcement for a Queens, New York murder that occurred on December 11, 2011.
Williams, also called “Troy Thomas”, had initially answered to that name at his court arraignment before Magistrate Sherdel Isaacs-Marcus in March, but he now says his name is Marvin Williams.
Both his attorney, Prithima Kissoon, who stood in place for Williams’ attorney, Nigel Hughes and Solicitor General Kym Kyte, who is representing the respondent, the Attorney General, were at a hearing before Justice Barlow on Monday. Both sides made legal arguments.
The defence team, which includes Hughes, Bernard Da Silva and Darren Wade, contends that their client’s name is Marvin Williams and that he is being unlawfully detained. They further noted that him being a citizen of Guyana makes him entitled to the protections as provided in the Constitution of Guyana. During Monday’s hearing, Attorney Kissoon reiterated that the Fugitive Offender’s Act of 1988 makes provisions that citizens should not be extradited to a third State.
However, Assistant Solicitor General Beverly Bishop said in court that the December 22, 1931 treaty entered into by the United Kingdom and the United States for the mutual extradition of fugitive criminals remained in force. She cited the current Marcus Bisram case, which suggested that the State has “arrangements” with the US. In responding to the applicant’s submissions, Bishop said that the Public Security Minister’s directive to the Magistrate to proceed “does not infringe on the separation of powers”. Williams was arrested in March 2018 at Liliendaal, Greater Georgetown, after an intelligence-led operation by ranks of the Guyana Police Force, which commenced on January 31, 2018. An arrest warrant was issued by the US in 2012.
Williams was being hunted by the New York Police Department, and a wanted bulletin was issued for him in connection with the murder of Guyanese Keith Frank after an altercation outside a South Richmond Hill party.
It was disclosed by US law enforcement agents that the suspect had fled the country to Canada within hours of his alleged crime.
Shortly after, the man reportedly travelled to Guyana before the wanted bulletin which was issued by the US had reached Interpol.
