COURT of Appeal judges yesterday reserved judgment in the appeal hearing challenging the extradition of alleged Jamaican drug kingpin Norris ‘Deedo’ Nembhard and five other men to the United States, to face several drug smuggling and money laundering charges.

The judges told the court that they will issue their verdict on July 4.

Charged along with Nembhard – decried by United States President George Bush as a key player in the trafficking of drugs from Columbia into the US – are former police corporal Herbert Henry, Robroy ‘Spy’ Williams, Glenroy Williams, Vivian Dalley, and Colombian Miguel Arias.

Presenting closing arguments to the court of appeal judges yesterday Nembhard’s attorney, Frank Phipps, argued that while there was evidence to suggest that his client was involved in the trafficking of drugs into Jamaica, there was no evidence to suggest that he participated in the smuggling of drugs into the United States.

“There is no evidence to suggest that Nembhard conspired to ship drugs into America. The [US] Full Court never considered that aspect of the case based on the evidence before them,” Phipps told the court.

Attorney K D Knight, who is also part of the defence team, argued that key affidavits sent to the local prosecution team by the US prosecutors did not form part of the evidence heard in the US Grand Jury hearing from which the drug trafficking indictment was issued against the five accused.

This, Knight further argued, made the indictment faulty and would make their extradition a breach of fundamental justice.

“The conduct of the United States to extradite on the basis of this faulty indictment violates the principle of fundamental justice,” Knight said.

Making similar arguments, attorney Patrick Atkinson, said the indictment against the accused men sent to local prosecutors was not sent through proper diplomatic channels and so was faulty.

Atkinson said the US prosecutors initially sent an unsigned and therefore invalid copy of the indictment to local prosecutors. On realising their mistake, he added, the US prosecutors faxed a signed copy of the indictment to the Office of the Director of Public Prosecutions, but this was also invalid as it was not sent properly through the Ministry of Foreign Affairs.

On the basis of this faulty indictment, Atkinson argued, extraditing Nembhard and the others would be a breach of fundamental justice.

The five men were arrested in 2004 as part of a crackdown on the illicit trade of narcotics in Jamaica, as well as individuals suspected to be participating in the trade.