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May 20, 2010

Mark Seawell’s extradition case goes for another round in court

Mark Seawell

A US request for the extradition of a notorious drug dealer almost caused the fall of Jamaica’s prime minister this week. The situation in the island is still volatile and reports are that in a gang infested neighborhood thugs have formed barricades to keep authorities from arresting Christopher ‘Dudus’ Coke. PM Bruce Golding, after months of indecision which led to mounted pressure for his resignation, has authorized the AG to get the extradition process underway in the courts. Coke resides in the PM’s constituency. So what does this have to do with Belize? Well, Mark Seawell, the man who has been in prison since February, 2007 and is still awaiting the outcome of an extradition request by the U.S. government, went before the courts again today. Arguments closed in the case and Justice John Muria has set aside judgment for a future date.  In his previous arguments in Magistrates’ Court, Seawell’s attorney, Elson Kaseke, submitted that there is no authority to hold Seawell because the Minister of Foreign Affairs, who ordered his arrest, did not have the power to so do when extradition requests are made. But today in the Supreme Court, Kaseke focused on a different area; that the legislation on extradition which was applicable in Belize before the year 2000 was based on laws enacted in the United Kingdom.  But when a new extradition treaty was signed between the Governments of Belize and the United States thereafter, it made the UK laws inapplicable in Belize.  The very technical arguments today before Justice Muria, were countered by lawyers from the Attorney General’s Ministry, Priscilla Banner and Magali Perdomo.  While they did not wish to comment on the case, Kaseke offered his views.

Dr. Elson Kaseke, Attorney for Mark Seawell

“Our argument to the judge was that the UK laws cease to operate or became spent and no longer applied to Belize after the conclusion of the new treaty.  Secondly, we say that since Belize enacted in 2000 a local provision governing extradition with the United States of America, it was that provision and that provision alone which applies to extradition matters.  That’s what the judge is to decide now.  There is a lacuna because the legislature, when it enacted section nine it did not provide a complete picture of the procedure, which is to be adopted to take the extradition process through.  But filling the lacuna is not the judge’s job.  The judge can recognize that there is a lacuna and inform parliament that he has found a lacuna, but it is for parliament to fill that lacuna and that’s what we have invited the judge to do.  Mr. Seawell has been in custody since 2007.  The issue of damages arises if he has been in custody illegally.  So the judge will have to look at the issue of damages too, yes.”


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8 Responses for “Mark Seawell’s extradition case goes for another round in court”

  1. Manford says:

    Some years ago a US Peace corp tokk a child from her mother here in Belize to go for a walk and never return with the child, when the US`èmbassy was contacted they said that they could not find the person, their citizen in the USA; (BS). but we are quick to turn over our citizens to big brother.By the way the child eventually found out the truth maraculously. We can’t be like Israel that does not turn over its citizens to no body, for no reason. Unfortunately we are not as important as Israel therefore we have to bend to big brother like it or not.

  2. Maddyvandijk says:

    The conclusion of the treaty ended years ago, but still Belize was quick to comply with the laws of the US to send Belizean criminals back to American to do their time without ever looking in the Treaty documents.
    Suddenly, the documents are open and it looks like this drug dealer will be taking it cool, because there is no authority to hold Seawell under the new laws applicable in Belize.

  3. NEWARK says:

    these are the type of people we need out of Belize and the Prime Minister has the power to remove the types of people so we can take back our country.

  4. Al says:

    This is an example for Belize, look at how hard Seawell is fighting not to be extradited to America. This is the same way these killers will fight for their lives if hanging is broght back, maybe it will make them think twice before taking another persons life. Seawell deserves to sertve his time his drugs kill people. How long are these attorneys going to protect these people.

  5. Fearful of Belize says:

    Send him back to the United States to serve his time . Every time Belizeans does something wrong over here they find there way back home to go and do their same mischief and encourage others to do the same. What makes them think they can get away with it and put the lawyers in jail who tries to defend them too .

  6. Tim says:

    Just send him to the US. Everyone knows he is a drug dealer and hence the gangs on the street. He’s like Bin Laden and he has those kids on the street doing the killing.. There is no need to waste our money and the court time.. just send his r****** to the US and they should send him to Guantanamo in Cuba.. there’s where he belongs..

  7. Rich says:

    Everybody know seawell is a drug dealer lock his … up or give him to the US . you break the law you deal with the penality. i have no sympathy for him .

  8. Anwar. Barrow says:

    You all just talking, talking… let it was one of your family member it would all be good. Mark Seawell ihas serive almost 5 yrs in jail… I think its about time he comes out and be let free to be with his kids / family… Grow up ppl . you all are not mr & mrs. good too shoes , we all have done wrong…. like I said he’s been back there for some time now, its about time he gets out he NEVER killed anyone. Ppl change.

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