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Nov 14, 2011

Rhett Fuller extradition judgment in one week

Rhett Fuller

The saga of forty-two year old Rhett Fuller may finally be coming to a conclusion. After numerous court appearances and even an appeal to the Privy Council, Fuller continues to fight an extradition request by the United States Government. Fuller is wanted in Dade County, Florida as one of two alleged conspirators in an incident that resulted in the shooting death of Larry Miller. Since then, Fuller has become a family man and a productive member of society. But since August twenty second, he was remanded once again to the Central Prison. Minister of Foreign Affairs Wilfred Elrington rejected his recent appeal. That has resulted in his attorney, Eamon Courtenay making a final argument in the courtroom of Supreme Court Justice Samuel Awich.  According to Courtenay, both the defense and the crown agree that the Foreign Minister may have erred and he hopes that salient point will prove favorable for his client.

Eamon Courtenay, Attorney for Rhett Fuller

“Well I think the government has made two submissions this morning. One that is rather interesting. Their first submission was that the minister did not have jurisdiction—meaning that he did not have the power to make the decision that he made. Now that is a rather remarkable submission to make; because if the minister did not have the power to make that decision, it follows that he made an unlawful decision. If he made an unlawful decision, then my client has to be released. So I made the point to the learned judge that it seems the government is now coming to court saying that the minister acted unlawfully. If that is their position we accept that and therefore release my client. The second broad submission that they made was that the Privy Council had determined that there was no abuse and therefore Mr. Fuller should be extradited. Well, I tried to explain to his lordship that the Privy Council was dealing with section 10 of the Extradition Act and in fact the minister is dealing with section 11. You might hear that the judge ask counsel for the Minister of Foreign Affairs whether the Rhett Fuller decision of the Privy Council really deals with the minister’s decision because he made the point that the decision was before the minister. The point he was trying to make is that the Privy Council decision is really not authority to say the minister can’t consider these matters. So those were the submissions that they made and the decision will be made next week.”

Reporter

Eamon Courtenay

“In the likelihood that the decision goes against your client, what is the next step from here?”

Eamon Courtenay

“Well we are very hopeful that the decision will not go against our client. I mean, if the judge looks at what the Minister of Foreign Affairs’ attorney has said; that the minister acted unlawfully and we are saying the minister acted unlawfully, then it seems to me we are agreeing the minister made an unlawful decision. And so we are hoping that that would be the result of the case.”

A ruling is expected next week Tuesday.

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