No Bail in Extradition Hearing

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police

Thursday, 04 February 2010 05:55

By Collette James

A magistrate on Wednesday denied bail to a man facing extradition to the US on an attempted murder charge. Senior Magistrate Asquith Riviere rejected the motion since the accused, Weston Gordon, poses a flight risk.

DPP Anthony Armstrong had made written and oral submissions to indicate that Gordon had fled the US while awaiting trial. A request was made last December for his extradition for offences committed five years ago.

Gordon's lawyer, George Lake, argued however that the 43-year-old father of three, a citizen of Antigua & Barbuda, has a constitutional right to remain on the island. Lake said should the court allow the Newfield resident to be delivered into the hands of a foreign power, that would constitute an infringement of Gordon’s rights.

He added that a person's liberty should only be restricted in extreme circumstances.

Allegations are that on September 16, 2005, on Dr Martin Luther King Drive in Jersey City, the accused stabbed Earl Matthias in the abdomen during an argument over money. According to the DPP, Gordon was arrested and charged in the US that same day and granted bail on September 19. He was scheduled to return to court on May 1, 2006.

When he failed to appear, a bench warrant was issued for his arrest. Eight months later, the accused surrendered himself to the court and his bail was reinstated.

According to the DPP, a memorandum was signed between prosecutors in the US and the defendant on June 1, and he was instructed to return to court on July 17.

But again, Gordon did not make himself available to the court. A second warrant was then issued for his arrest on July 18.
The DPP concluded that Gordon’s actions did not suggest he would be able to honour the primary condition of bail, which is to show up to court for trial.

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