The lawyers for British fugitive David McDermott have filed an appeal at the High Court challenging a ruling that allowed his extradition to the UK to face trials for a drug-related offense.
The Criminal Division of the Accra High Court on April 11 gave the green light to the state to extradite Mr. McDermott on charges that he allegedly took part in a botched smuggling of 400 kilogrammes of cocaine to the United Kingdom (UK).
According to the court, presided over by Justice Merley Afua Wood, the UK government’s request for McDermott’s extradition was in line with all legal requirements in the country.
[contextly_sidebar id=”1sNfWs4k9B8GVlwWnpZH7QRHbY6i0dNz”]But lawyers for Mr. McDermott are of the view that the trial Judge erred in her ruling.
The arguments by McDermott’s lawyers are that:
·The trial magistrate court judge failed to take cognizance of the fact that there was no extradition treaty or arrangement between Ghana and the Great Britain which formed the basis of the respondent asking the court to extradite the appellant.
·That the trial judge erred in law when she held that narcotics were part of extradition crime although the extradition act did not make such as an offense to be extradited.
· The lawyers have said they will file further grounds for appeal upon receipt of the records of proceedings.
Background
David Philip McDermott has been on the run for the past three years from UK authorities, but was picked up at his hideout in Accra on March 11, 2016.
He was facing charges on three counts; conspiracy to contravene Section 170 of the Customs and Excise Management Act 1979, conspiracy to supply a controlled drug of Class A contrary to Section 1(1) of the Criminal Law Act 1977 and conspiracy to blackmail contrary to Section 1(1) of the Criminal Law Act 1977 of the UK, for being been part of a gang that smuggled 400 kilogrammes of cocaine, with a street value of £70 million, from Argentina to the UK.
According to the prosecution, McDermott was believed to be a key figure in the conspiracy to supply a large quantity of cocaine to the UK.
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By: Delali Adogla-Bessa/citifmonline.com/Ghana