Expulsion order challenged in Supreme Court
Despite the lack of a new extradition treaty, Belize and the United States seem to be cooperating just fine when it comes to handing over suspected criminals to Uncle Sam. In the latest attempt to kick out an American, however, Attorney General Dean Barrow has run into some unexpected opposition… his brother Denys. News Five’s Jacqueline Woods was on hand this morning at the courthouse.
Tommy Crutchfield looking a bit tired, was handcuffed and escorted up the stairs of the Supreme Court building to see whether he would be expelled to the United States or allowed to remain in the country. The American citizen had been detained since Saturday, February twenty eight after he was issued with a an expulsion order based on a request from the U.S Government which says Crutchfield is wanted for crimes committed in that country. But before the matter could proceed, Defense Attorney Denys Barrow filed an amended Writ an the case was then adjourned until later this month.
Denys Barrow, Defense Attorney
“Mr. Ghandi does not like things to happen outside of his control of how things happen and the situation that we have here really is that this is something bigger than Mr. Ghandi himself, something bigger than the Attorney General and something bigger than the Government of Belize. The right of a citizen to apply to the courts to challenge the basis of his detention.”
According to Solicitor General Gian Ghandi, from reports they have received, Crutchfield violated several conventions concerning the international treaty of endangered species. Prior to settling in Belize in March of 1997, he was imprisoned in Florida for five months following a plea bargain on the charges. But he is now wanted back in the States for another set of violations.
Gian Ghandi, Solicitor General
“We understand that this just came up quite recently. There are about two or three other Americans along with his wife and they are charged with the same. They conspired in different countries in the United States and other countries trying to import those things violating U.S. laws and the Fish and Wildlife Department of the United States.”
Denys Barrow
“Mr. Ghandi does not like things to happen outside of his control of how things happen and the situation that we have here really is that this is something bigger than Mr. Ghandi himself, something bigger than the Attorney General and something bigger than the Government of Belize: the right of a citizen to apply to the courts to challenge the basis of his detention.”
Q: “The question is do they believe they have grounds for extradition, why haven’t they made an application for extradition proceedings?”
Gian Ghandi
“He doesn’t know. There is a thing that the Americans have, I’m told, I am not familiar with American law, called a sealed indictment and on the basis of a sealed indictment which obviously nobody outside court knows the contents of, a warrant is issued for his arrest. So he is being arrested with charges that have not been disclosed to him.”
While Crutchfield did not have any comment for the press, his wife Penny Crutchfield said that her husband is not in anyway a threat to public safety in Belize and that for five weeks now her family has been followed and spied upon by U.S agents in Belize. Mrs. Crutchfield says she believes that her husband is not being expelled from the country because the Belizean Government believes he is a threat to the country’s public safety and welfare, but just to please the United States.
Denys Barrow
“He’s being expelled as far as I am concerned and as all as my information goes is purely and simply because the U.S. Government ask the Belize Government to facilitate them with a backdoor extradition.”
Crutchfield was not granted bail and once again left the court house in handcuffs and in police custody. Reporting for News Five, I am Jacqueline Woods.
While it’s not well understood by non-lawyers, an expulsion order and extradition are two very different proceedings. The former is a unilateral action taken by the Belize Government under immigration laws, while the latter is based on a formal request by a foreign government under the terms of a specific treaty. Extradition is a much more complex legal procedure, requires a higher standard of evidence and, even if successful, may drag on for months.
