( L - R ) Williams and Ramcharan

Barbara Gayle, Staff Reporter

Defence lawyer Frank Phipps, Q.C., has criticised Minister of Justice and Attorney-General A.J. Nicholson for the manner in which he rushed to send two Montego Bay businessmen to the United States, less than two days after they lost their appeal.

The men are Leebert Ramcharan and Donovan 'Plucky' Williams, whose appeals against extradition orders were thrown out by the Court of Appeal on Friday afternoon.

It is reported that the men were flown out of Jamaica at 7:00 a.m. on Sunday. They are to face trial in the United States for conspiracy to export cocaine to that country. They were in custody since March 3, 2004, when they were arrested in Montego Bay on provisional warrants.

A prisoner who is not extradited within 60 days after he has exhausted all legal proceedings cannot be extradited.

Lawyers representing the men said they had planned that yesterday morning they would ask the Justice Minister for a stay of the men's extradition orders. Mr. Phipps explained that the stay would be for the men to await the outcome of a Privy Council case in which another Jamaican was challenging the Extradition Act on the basis that it was unconstitutional. He said it was the Court of Appeal which had granted leave to appeal that constitutional point.

"The minister must again have acted with unseemly haste when signing the warrant to allow Williams' removal on Sunday morning," Mr. Phipps said.

In a statement issued yesterday, Mr. Phipps, who represented Williams, said he was not questioning the legality of the minister's action or the judgement of the court. He said the statement was being made to bring public attention to the action that deprived citizens of minimal consideration for their rights.

Mr. Phipps said no one should be sent from Jamaica even after the legal process was exhausted without getting an opportunity to consult with their lawyers to receive further advice.

"It is my sincere wish that the Government of Jamaica will exhibit more concern and consideration for the best interests of the citizens of the country in preference to the interests of another country and, further, will ensure that this type of insensitive action will never be taken again," Mr. Phipps said.

barbara.gayle@gleanerjm.com