Payne v the Government of the United Kingdom

• Jurisdiction: Barbados
• Judge: Husbands,Belgrave
• Judgment Date: 22 December 1988
• Court: Divisional Court (Barbados)
• Date: 22 December 1988
• Docket Number: No. 65 of 1988

Divisional Court

Husbands, C.J.; Belgrave, J.

No. 65 of 1988

Payne

and

The Government of the United Kingdom

Appearances:

Mr. Louis Tull, Q.C. for the appellant

Mr. Olton Springer and Charles Leacock for crown/respondent

Practice and procedure - Appeals — Extradition proceedings — Extradition Act, Cap. 189, s. 10(2), 20(1), and (2) — Appellant seeking leave to appeal — Leave to appeal refused

JUDGMENT OF THE COURT:

1 Edward Elwood Tennyson Payne seeks the leave of this court to appeal against an order for his committal under the Extradition Act, Cap. 189 made by a magistrate for District “A” on the 19th day of September, 1988.

2 In Barbados the authority responsible for the surrender of fugitives under the Extradition Act Cap: 189 is the Attorney General.

3 On 1st July, 1987, the Attorney General received a letter dated 29th June, 1987, from the British High Commissioner for Barbados, which read –

Dear Attorney General,

I have been instructed by the Secretary of state for Foreign and Commonwealth

Affairs to request, in accordance with the Barbados Extradition Act, 1979, the rendition to the United Kingdom of Edward Elwood Tennyson Payne.

Payne is charged with crimes in the United Kingdom of fraud, assault and robbery and abduction. He was indicted for trial at a sitting of the Scottish High Court of Justiciary in Edinburgh on 15th October, 1985 but failed to appear. It is believed that he is currently resident in Barbados.

In support of this request, I enclose relevant documents duly certified and authenticated. These include a copy of the indictment, a warrant of arrest, evidence of the identity of the accused person and sworn depositions. Two copy sets of the documents are also enclosed.

It is further requested that provision be made for the Government of the United Kingdom to be represented before the courts of Barbados by the competent authorities. I am advised that in a case of this nature this would normally be performed by the Director of Public prosecutions.”

I should be grateful for your confirmation that you have all the necessary information on which to initiate the relevant judicial process.”

Accompanying the letter were two volumes exhibited as “B1” and “B2” in which were bound the “relevant documents” mentioned in paragraph 3 of the letter above. On the front covers of each of these volumes appears the following certificate of Gordon Murray, Director of Scottish Courts Administration, under the Seal of the Secretary of State for Scotland –

“I hereby certify that, to the best of my knowledge and belief the signatures Gordon I.W. Shiach, R.G. Craik, Hazel J. Aronson, Kenneth F.H. Hyslop and W. Hook in the annexed documents are the signatures of Gordon Ian Wilson Shiach, Roger George Craik, Hazel Jane Aronson, Kenneth Frazer Hall Hyslop and William Hook respectively, all Sheriffs in the Sheriffdom of Lothian and Borders and that the signature. Peter G.B. McNeill certifying the warrant to apprehend Edward Elwood Tennyson Payne, and other documents, is the signature of Peter Grant Brass McNeill, a Sheriff in the Sheriffdom of Lothian and Borders.

Given under the seal of the Secretary of State for Scotland.”

4 The bundle was passed on to Inspector Herbertson Arthur of the Royal Barbados Police Force and on the 17th February, 1988, on swearing to an information, Inspector Arthur obtained from a magistrate of District “A” a warrant for the apprehension of Payne. Payne was arrested at 6.40 later that day a.m. on the 18th February, 1988 and later that day taken before the court. Payne was represented by counsel and the magistrate having heard the case in accordance with the provisions of section 13 of the Extradition Act determined on 19th September, 1988 that Payne should be committed for surrender. The magistrate then complied with section 19 of the Extradition Act which states –

“19. Where a magistrate commits a fugitive to prison under section. 17, the magistrate shall

• (a) inform the fugitive on so committing him that he will not be surrendered until after the expiration of fifteen days and that, within that time, he may under law apply for leave to appeal or apply for a writ of habeas corpus, and

• (b) transmit within seven days to the Attorney General a certificate of the committal, together with a copy of all the evidence produced before the magistrate and not already sent to the Attorney General, and add thereto such report on the case as the magistrate thinks fit.”

5 Payne now seeks leave of this court to appeal.

6 Section 20 of the Extradition Act provides as follows –

• “20(1) With leave of the Divisional Court, an appeal lies to that court, on a question of law only, from

  • (a) the committal to prison of a fugitive under section 17, or

  • (b) the discharge of a fugitive under section 18

  • (2) Leave to appeal to the Divisional Court may not be granted unless

  • (a) in the case of a committal, application for leave to appeal is made within the time limited therefor by paragraph (a) of section 19, or

  • (b) in the case of the discharge of a fugitive, application for leave to appeal is made within fifteen days from the making of the order of discharge.”

7 In the...