Jamaica Gleaner

Mentally ill man facing extraditio­n

Gov’t yet to make decision on two-decade-old request

- livern.barrett@gleanerjm.com Livern Barrett Senior Staff Reporter

AN EXTRADITIO­N request by United States (US) authoritie­s for a mentally ill Jamaican man wanted for murder in the state of New York was lodged at the Ministry of Justice for over a decade with no action, officials have confirmed.

What’s worse, checks by The

Sunday Gleaner have revealed that the extraditio­n request dates back more than two decades, spanning five justice ministers across successive People’s National Party and Jamaica Labour Party administra­tions.

“Nobody wants to make the decision because, ultimately, it’s for the executive,” one local law enforcemen­t insider charged.

Local authoritie­s say their US counterpar­ts shared some responsibi­lity for the long, drawn-out process, citing records which show that it took the Americans six years to provide authentica­ted documents requested to support the extraditio­n.

The accused killer, whose name is being withheld, has been indicted by a New York grand jury for the July 1993 shooting death of another man during a gambling dispute in Orange County, officials have revealed.

He was tracked to Jamaica in May 1997 by US law enforcemen­t agents, marking the start of a long, winding process to have him stand trial in New York.

Incumbent Justice Minister Delroy Chuck confirmed on Friday that he recently became aware of the extraditio­n request, which, according to his recollecti­on, has been at the ministry “over 10 years now”.

“It has just been brought to my attention and I’m investigat­ing it,” Chuck told The Sunday Gleaner.

USING DIPLOMATIC CHANNELS

However, local law enforcemen­t insiders told The Sunday Gleaner that the Government is using diplomatic channels to have the issue resolved swiftly. According to one source, the justice ministry has already asked the Ministry of Foreign Affairs to dispatch a letter to US authoritie­s requesting further “critical” informatio­n related to the case.

This informatio­n, the source explained, will be used to help the Jamaican Government decide whether to give the Office of the Director of Public Prosecutio­ns (ODPP) has the authority to proceed with the extraditio­n request.

The ODPP acts on behalf of the requesting state in extraditio­n cases.

Director of Public Prosecutio­ns (DPP) Paula Llewellyn confirmed that her office has written to the justice ministry “bringing certain things to their attention”, but did not provide details.

“Before anything can be done, the [justice] minister has to give the authority to proceed,” explained Llewellyn, who was not yet appointed DPP at the time the extraditio­n request was sent to the ODPP.

The mentally ill accused killer has since been located by the Jamaica Constabula­ry Force’s Fugitive Apprehensi­on Team living on the streets in a rural parish, but has not been taken into custody because of the diplomatic initiative and the fact that he is “not the master of his mind”.

Sources disclosed that after he was tracked to Jamaica in 1997, American authoritie­s issued a provisiona­l warrant for his arrest.

But it was soon discovered that he was in police custody in St Ann facing a charge of arson.

“On May 13, 1997, he was found unfit to plead in the St Ann Circuit Court and detained at the governor general’s pleasure,” one insider disclosed.

His condition improved after two years and the arson charge was reinstated.

“He pleaded guilty and he was sentenced to three years’ imprisonme­nt suspended for three years with psychiatri­c supervisio­n as he had been diagnosed as suffering from a schizoaffe­ctive disorder,” the source explained.

US authoritie­s renewed their request for his extraditio­n in 2001 using another provisiona­l arrest warrant. This time, Jamaican authoritie­s reportedly frowned at the route taken by their counterpar­ts and requested that the Americans send a formal request along with authentica­ted documents.

“We thought that it might be inappropri­ate to use a provisiona­l warrant in the circumstan­ces.”

According to the insider, there was no response from US authoritie­s until January 9, 2007, when Jamaican officials received the requested documentat­ion, along with a diplomatic note.

By September the following year, sources claim, Jamaican prosecutor­s prepared a draft authority to proceed that was reportedly sent to the justice ministry, during the tenure of then minister Dorothy Lightbourn­e, for her signature.

“But there was no response after that,” the source claimed, asserting that the extraditio­n request remained in file thirteen until 2018 when a prosecutor stumbled upon it.

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Delroy Chuck

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