FIVE Jamaicans, including an ex-police officer and a businessman who was designated a drug kingpin by United States President George W Bush, are to be extradited to the US to face drug trafficking charges, the Court of Appeal ruled yesterday.

The five are:

. St Ann businessman Norris ‘Deedo’ Nembhard, who was designated a drug kingpin by the US president in 2004;

. Ex-constable Herbert ‘Scarri’ Henry;

. Businessman Vivian Dally;

. Robroy ‘Spy’ Williams and his brother Glenford Williams.

The appellate court, however, rule that another accused, Colombian Luis Miguel Avila Arias, should not be extradited to the US as there was no evidence to suggest that he was aware that cocaine he caused to be shipped to Jamaica would be imported into the US.

“… It is not enough for it to be shown that a person in the position of [Mr Arias] was part of an elaborate alleged scheme of international narcotic trafficking without demonstrating by the evidence that he was aware of the ultimate destination of the drugs,” the court said. “It has to be shown that the appellant was involved in a conspiracy, the object of which was the importation of drugs into the United States,” it added.

Yesterday, lawyers for the men to be extradited indicated their intention in court to appeal to the Privy Council and sent letters to the Ministry of Justice, the commissioner of corrections and the Ministry of Foreign Affairs, asking for a postponement of the extradition. The five are, however, likely to be taken out of the country by US Marshals by today.

The men were taken into police custody in 2004, following extradition requests from US prosecutors for them to answer drug trafficking charges in the United States.

Following their court appearances in the Corporate Area Criminal Court, Senior Resident Magistrate Martin Gayle ruled that they be extradited to the United States to face two counts of conspiracy to import cocaine and ganja into that country.

Lawyers for the accused then took the legal battle to the Judicial Review Court, which in 2007 upheld the extradition order by the resident magistrate. The men then appealed to the Court of Appeal, stating that the evidence against them was insufficient to warrant their extradition.

But the appellate court said yesterday that there was sufficient evidence to establish a case against the men.

Last March two Jamaicans, businessman Leebert Ramcharan, who was also designated a drug kingpin by President Bush, and Donovan ‘Plucky’ Williams, were found guilty on drug-related charges and sentenced to more than two decades behind bars following their extradition to the United States.

Attorneys-at-law Patrick Bailey, Valerie Neita-Robertson, K D Knight, QC, Norma Linton, QC, Akilah Anderson, Franklin Halliburton, Jacqueline Cummings, Frank Phipps, QC, Jacqueline Samuels-Brown, Wentworth Charles, Kathryn Phipps, Patrick Atkinson and Sharon Usim appeared for the appellants.

Government lawyers Curtis Cochrane and Amina Maknoon appeared for the commissioner of corrections, while Jeremy Taylor and Anne-Marie Nembhard represented the director of public prosecutions.