Extradition case of Mark Seawell continues in court

Also in the courts, Mark Seawell’s extradition case came up for another round of arguments in the preliminary inquiry. Seawell’s attorney Elson Kaseke, however, made an application to refer the issue of the type of P.I. Seawell is subjected to as well as the constitutionality of the Extradition Act to the Supreme Court. Priscilla Banner, who represented the Solicitor General’s Office, argued vehemently that the application is “frivolous and vexatious”. Banner says Kaseke’s application would further delay the case, which has already been before the courts for almost three years. But Chief Magistrate Margaret McKenzie did not agree and explained to Banner that even if Kaseke is delaying the proceedings, it is his client that is suffering. That did not appease Banner, who belaboured her submissions and had to be reminded by the Chief Magistrate not to take the case personally and to control her emotions in the court. We spoke to Kaseke after court was adjourned on the issue of constitutionality.

Elson Kaseke, Attorney for Mark Seawell
“First, we are challenging the constitutionality of the constitution act of Belize. Second, we are challenging the fact that if you are being subjected to extradition, you don’t have the right to choose the form of PI, which you can be subjected to. As you know, the long form of PI where witnesses are called and there is the paper committal where papers are just handed to the Magistrate and so on. Extradition only limits a person who is undergoing extradition to the proper committal. So we’re saying that in itself is also unconstitutional. We are also saying the entire scheme of extradition is provided in the Extradition Act goes contrary to the principles of fundamental justice, which informs the fundamental provisions of the constitution in that it undermines the principle separation of powers between the executive and the judiciary because the Minister of Foreign Affairs is the ultimate person who determines whether a person should be surrendered or not.”

Seawell’s case has been adjourned until next week Wednesday. Kaseke is to formulate the question to be presented to the Supreme Court and forward it to Chief Magistrate McKenzie within the next two days. Seawell was remanded in February of 2007 on the request of the US government to have him extradited for twenty-seven drug related charges.