Applicant seeks freedom via Certiorari and habeas corpus writs
JUSTICE Rishi Persaud on Wednesday last entertained two motions from Terence Sugrim who is challenging the order by Magistrate Hazel Octive-Hamilton extraditing him to the US to face drug trafficking charges there.

The motions followed the Magistrate’s order on September 12, 2007, ruling that the man described by the State as Terrence Sugrim be extradited under the Fugitive Offenders Act.

The applicant Roy Alvarez, businessman, represented by a team of lawyers, Mr. Rex Mc Kay, S.C., Mr. Nigel Hughes, Mr. Vic Puran, Mr. Glenn Hanoman and Mr. Hukumchand, is denying that his name is Terrence Sugrim as alleged in the allegation.

The lawyers are to seek an order or rule nisi of certiorari to remove into this Honourable Court and to quash the Committal Order made on the September 12, 2007, by Hazel Octive-Hamilton, Magistrate of the Georgetown Magisterial District committing the applicant, a person deemed to be and referred to as Terrence Sugrim, to the custody of the Keeper of the Georgetown Prison to await extradition under the Fugitive Offenders Act to the United States of America on the grounds that the said Magistrate deprived the applicant of a fair hearing and that her decision made in breach of natural justice, was unconstitutional, unreasonable, in excess of jurisdiction, ultra vires, null, void and of no legal effect.

Secondly the lawyers for the applicant are asking for an order or rule nisi of prohibition directed to the Director of Prisons, Dale Erskine, prohibiting him or his agent from delivering up or handing over the custody of the applicant a person deemed by the Magistrate to be and referred to as Terrence Sugrim to anyone until the hearing and determination of this suit or unless otherwise ordered by this Honourable Court on the ground that the committal order made on the September 12, 2007 and the committal warrant dated September 12, 2007, made as a result thereof and issued by the said Magistrate were made in breach of natural justice, unconstitutional, unreasonable, in excess of jurisdiction, ultra vires, null, void and of no legal effect.

The judge will officially begin hearing the Certiorari Writ on the morning of October 8, but had made the Habeas Corpus writ returnable for October 15, 2007.

On that day the Judge will also consider the adjourned matter of a nisi order which he had earlier issued directing Home Affairs Minister Clement Rohee to show cause why his decision to issue an Authority to Proceed to Magistrate Hazel Octive-Hamilton dated July 6, 2007 should not be quashed and set aside as a decision which was made ultra vires, and in breach of the rules of natural justice.

On that occasion the Judge had further ordered that an Order or rule nisi of certiorari be issued directed to Clement Rohee, Minister of Home Affairs directing him to show cause why his decision to issue an Authority to Proceed to Magistrate Hazel Octive-Hamilton dated August 24, 2007 should not be quashed and set aside as a decision which was made ultra vires and in breach of the rules of natural justice. This matter stands adjourn to October 8, 2007.

It resulted from an application for a Writ of Certiorari to quash the decision of the Minister of Home Affairs to issue an authority to proceed to Her Worship on the 5th day of July, 2007 and on the 24thday of August 2007 in the matter of an application for extradition for Terrence Sugrim also known as Terrence Emmanual Sugrim also known as Lugard Thompson also known as Lugard Winter Thompson and also known as Raoul Lucas.

Of the 32 paragraphs under different heads in the Certiorari document, the lawyers hope to deal with, identity, authority to proceed, insufficient evidence, corresponding offence, specialty, (Treaty Act), admissibility, procedural impropriety, extraditable offence, legal representation and prevention from leading a defence.

Following the hearing of the inquiry by the Magistrate, she dispatched a letter to the Home Affairs Minister which read:-

“I hereby give you notice as required by Section 16 of the Fugitive Offenders Act, 1988, that I have today ordered the committal of Terrence Sugrim also known as Terrence Emmanual Sugrim and Lugard Thompson and Lugard Winter Thompson and Raoul Lucas to the Georgetown Prison to await extradition to the United States of America to be tried for counts one, three and four of indictment No. CRO7 137 for the offence of Conspiracy to distribute five kilograms or more of Cocaine Intending and Knowing that the Cocaine will be unlawfully imported into the United States in violation of Title 2, United States Code sections 952, 959, 960 and 963 against the laws of the United States of America..

The order of committal was made as a result of a hearing consequent upon the authorities to proceed signed by you on the 6th July 6, 2007 and August 24, 2007.”