DEFENCE attorney Wentworth Charles says there has been a breach of protocol by the prosecution in the handling of the extradition case involving two of his clients, Vivian Dalley and Norris ‘Dedo’ Nembhard.

Both men are facing extradition to the United States to face drug-related charges.

“I don’t want to allege that this is some prosecutorial mischief, but someone is looking at the law as the case is going along and attempting to put things right,” Charles said as the extradition hearing continued yesterday in the Corporate Area Resident Magistrate’s Court.

The attorney is contending that the original affidavit accused the men of smuggling drugs from Colombia to Jamaica, which would make them ineligible for extradition to the United States.

Charles told the court that additional affidavits that followed were adjusted to include smuggling to drugs from Jamaica to the United States and collecting the benefits on local soil.

Dalley, Nembhard and four others – Robroy ‘Spy’ Williams, Glenford Williams, police corporal Herbert ‘Scarry’ Henry and Colombian national Luis Miguel Avila Arias – have been in custody for more than a year awaiting the ruling in their extradition cases.

Charles also argued that an indictment was faxed from the Drug Enforcement Agency office in Kingston, a breach of extradition law as all documents involved in the case must, by law, be sent through diplomatic channels.

Charles referred to the February testimony of Herman Lamont, a director in the Ministry of Foreign Affairs and Foreign Trade, that such action would be a breach of the extradition treaty.

“Mr Lamont testified that he requested no further supplemental affidavits and that it would be a breach of protocol if they were not sent through diplomatic channels,” Charles said.

The case will continue today when Charles will end his submission and attorney Norma Linton, QC, will begin her submission.

The hearing is in its final stages and a ruling is expected soon.

walkerk@jamaicaobserver.com