Sun | May 26, 2019

Coke caught - now what?

Published:Wednesday | June 23, 2010 | 12:00 AM

The fugitive, when arrested, must be taken before a resident magistrate (RM) as soon as practicable. Once the fugitive is arrested, the requesting state has 60 days to submit the full documents referred to as the authenticated documents relating to the case.

The Office of the Director of Public Prosecutions will notify the minister of justice when the fugitive has been arrested. The requesting state is also notified.

Upon being taken before the RM, the accused may waive his or her right to the formal extradition hearing and agree to be extradited to the requesting state. The accused may challenge his or her extradition and subject himself to the full committal proceedings, conducted like a preliminary inquiry.

If, at the end of the hearing, the RM finds that a prima facie case is not made against the fugitive, the RM is obligated to discharge the accused. If the RM finds that a prima facie case is made out against the accused, the accused is committed to custody for the purpose of being extradited to the requesting state.

The RM, in committing the fugitive, informs him of his right to apply to the Full Court for a writ of habeas corpus, seeking his release from prison.

The accused who is not successful at the hearing in the Full Court can appeal the ruling but the Court of Appeal's decision is final.

The minister of justice has the authority to sign the surrender warrant to extradite the accused if he or she loses his or her legal battle, or if the accused decides to waive his or her right to an extradition hearing. If the warrant is not signed within 60 days after a fugitive exhausts his legal remedy, the fugitive can apply to the Supreme Court to be discharged.