Prosecution seeks Supreme Court ruling in Brown case

Extradition proceedings against Belize City brothers Andrew and Floyd Brown continued today in the Chief Magistrate’s court, with defence counsel taking strong offence to a motion put forward by the prosecution for the matter to be turned over to the Supreme Court. Referred to as “case stated”, counsel appearing on behalf of the governments of Belize and the United States of America, Solicitor General Elson Kaseke, under section twenty sub-section three of the Belize Constitution, requested that the hearing be transferred from the lower court to the Supreme Court for judgment.

In responding for the defendants, senior counsel Dean Barrow argued the prosecutorial move is “not just nonsense, this is nonsense based upon stilts”. According to Barrow, the SolGen is simply peeved that during proceedings earlier this week, Chief Magistrate Herbert Lord ruled that evidence, namely taped phone calls alleged to contain incriminating conversations by Andrew Brown, would not be admitted as evidence. Barrow maintained that since no constitutional issue has been raised, the move “cannot withstand the scrutiny it provokes.” He added that if the ruling does not sit well with Kaseke, he can appeal the decision to a higher court…but not until the end of the lower court’s proceedings.

This afternoon Kaseke told the court that it would be better for the Supreme Court to decide the narrow issue at hand now, as any eventual appeal will only amount to a repetition of the proceedings. Lord will make his ruling in this matter on Monday morning at ten-thirty.

While the case was being argued upstairs, this afternoon a small group of supporters waited in the street below armed with placards expressing their dissatisfaction with the case against the two brothers. The Browns are wanted by federal officials in Florida in connection with the importation of cocaine in 1999. As has been the case since the Brown trial began, today’s courtroom was packed with family members, the media, members of the judiciary, and observing law students. Tonight we understand that since their imprisonment, the Browns have been allowed at least one visit with their hospitalized father who is battling cancer.