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Jul 18, 2005

U.S. seeks extradition of Brown brothers

Story PictureHis name has long been associated with Belize’s criminal underworld, and tonight, thanks to the long reach of U.S. law enforcement, the future freedom of Andrew “Papa” Brown is very much in doubt. This afternoon Andrew and his brother Floyd appeared before Chief Magistrate Herbert Lord following the presentation of diplomatic notes for their extradition to the United States of America. According to counsel representing both the Government of Belize and the U.S.A., Solicitor General Elson Kaseke, the men are wanted in Florida on narcotics charges. As part of his submission to the court, Kaseke spoke of six felony indictments against both men: conspiracy to import cocaine into the United States, importation of cocaine into the U.S., aiding and abetting the importation of cocaine, conspiracy to possess with intent to distribute cocaine, possession with intent to distribute cocaine, and aiding and abetting conspiracy to possess cocaine with intent to distribute. News Five understands that the charges stem from an incident in November 1999 in South Florida in which one Luis Reina was searched by U.S. Customs and found to be carrying some forty-two pounds of cocaine in two bags. According to Kaseke, the U.S. Department of Justice investigations into the bust later resulted in taped telephone conversations between Reina and the Browns regarding the drugs. In December 2003, a grand jury indictment was issued, but it was not until last week that the U.S. Government, through its embassy in Belize City, wrote to Belize’s Minister of Foreign Affairs requesting extradition. Andrew and his brother Floyd were arrested on Friday on suspicion of possession of drugs, guns, and ammunition. This afternoon, Belize’s SolGen maintained that the U.S. charges against the men are “serious” and because human nature would dictate “that the defendants would abscond” from the court’s jurisdiction, there is urgency for the Belize courts to uphold the provisional arrest and begin extradition proceedings. In an odd combination of legal talent, the Browns are being represented by senior counsel Dean Barrow and attorneys Dickie Bradley and Ellis Arnold. In his initial address to the Chief Magistrate, Barrow objected to the arrest of his client Floyd Brown since the diplomatic note names one Jaswan Brown. Barrow also pointed to the fact that the diplomatic note calls for the “expulsion, deportation, or provisional arrest” of his clients when, as the note itself mentions, both men are Belizeans and as such cannot be expelled or deported. And finally, Barrow contended that there is no urgency to speak of since the matters are said to have occurred way back in 1999. This morning Barrow told News Five that his clients plan to vigorously resist the U.S. attempt at extradition.

Dean Barrow, Defence Counsel, Brown Brothers
?I have to confess that extradition requests aren?t easily repelled–aren?t easily defeated. I only know of one instance in Belize where the United States has sought to extradite someone and in fact the application failed. I had represented Kevin Morris sometime ago, and at the Supreme Court level we were able to–base on some technical legal arguments–get the order for extradition that the Magistrate had already made, struck down. But it?s not very easy. In every other case, the authorities having pursued the requests for extradition succeeded. So I can?t of course say–we are just getting into it–what the various points are that we will try to take, but what I can say is that my clients are prepared to do as much as it takes and to go as far as they have to in terms of if they don?t succeed or if we don?t succeed at the Magistrate?s level, to challenge any order for extradition made by the Magistrate in the Supreme Court. And if there is no success there, to go then to the Court of Appeal with a possibility of even going as high as the Privy Council.?

The brothers were remanded to Hattieville Prison pending the start of the actual extradition hearing. We understand that the Solicitor General intends to pursue the extradition requests individually, despite the fact that the Browns are listed in the U.S. indictments jointly.

In related news, reports to News Five indicate that U.S. authorities are seeking to have another Belizean drug suspect brought to the United States, only in this instance, state-assisted kidnapping rather than extradition, was the preferred methodology. Sources indicate, however, that police have not yet found the man in question.


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