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BY PAUL HENRY Observer staff reporter henryp@jamaicaobserver.com  
June 15, 2007

Six ordered extradited

NORRIS “Deedo” Nembhard, the St Ann businessman who was in 2004 designated a drug kingpin by US President George W Bush, was yesterday among six accused narcotics traffickers ordered extradited to the United States by the Supreme Court.

The others also ordered extradited to the US to face drug trafficking charges are:

. Former police corporal Herbert ‘Scarri’ Henry;

. Businessman Vivian Dalley;

. Robroy ‘Spy’ Williams; and his brother

. Glenford Williams; and

. Businessman Luis Arias.

Yesterday’s ruling by the Full Court – a panel of three judges headed by Chief Justice Lensley Wolfe – culminated three years of legal battle against an extradition order by then Senior Corporate Area Resident Magistrate Martin Gayle in 2004 that the men be sent to the US to face drug trafficking charges.

However, attorneys representing the six accused yesterday sought a writ of habeas corpus, vacating the 2004 ruling and for the men to be released from custody.

Attorney Patrick Atkinson also told the Observer yesterday that the Full Court’s decision would be appealed.

The attorneys argued, among other things, that the evidence to extradite their clients to face charges of conspiracy to distribute more than five kilograms of substance containing cocaine and a mixture of more than 1,000 kilogrammes of substance containing ganja, knowing and intending that the substances would be unlawfully imported into the US, was insufficient.

Yesterday, Justices Lloyd Hibbert, Marva McIntosh and Wolfe said in a 59-page judgement that there was sufficient evidence to support the charges on which the US was seeking to have the men extradited.

The ruling said, too, that “the claimants failed to satisfy the court that the [2004 ruling] by the magistrate was wrong”.

According to the justices, the designation of Nembhard as a drug kingpin would not prevent him from getting a fair trial in the US, basing that aspect of their judgment on an Appeal Court ruling in March in the Leebert Ramcharan extradition case which went against him.

Ramcharan, a businessman, and Donovan “Plucky” Williams, were in March extradited to the US to face drug trafficking charges.

Extradition hearing in the case of the six men started in February and judgement was reserved in March when the attorneys finished their submission.

The men were arrested in 2004 following what the police said was extensive surveillance and investigation.

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