Walker v Government of the United States of America

• Jurisdiction: Barbados
• Judge: Williams, C.J.,Husbands, J.
• Judgment Date: 14 December 1990
• Court: Divisional Court (Barbados)
• Docket Number: No. 115 of 1990
• Date: 14 December 1990

Divisional Court

Williams, C.J.; Husbands, J.

No. 115 of 1990

Walker

and

Government of the United States of America

Appearances:

Dr. R.L. Cheltenham in association with Mr. P.K. Cheltenham and Miss C. Hinds for the appellant.

Mr. C.O. Tulloch, Q.C. in association with Mr. C. Leacock for the respondent.

Practice and procedure - Appeals — Leave to appeal — Statutory period within which to file appeal — Non-Compliance with statutory procedure — Appeal struck out as not being properly before the Court

JUDGMENT OF THE COURT:

1 Before this court is what purports to be an appeal by Robert Harding Walker from the order of the magistrate, District C, that:

“Robert Harding Walker shall be committed to Her Majesty's Prison where he shall remain until he is surrendered to the United States of America.

However in compliance with S. 19(a) of the Extradition Act, Cap. 189 Robert Harding Walker will not be surrendered until after the expiration of fifteen [15] days during which time he may apply for leave to appeal or apply for a writ of habeas corpus.”

2 When the case was called the Director of Public Prosecutions raised a preliminary point based on section 20 of the Extradition Act which enacts as follows:–

• “(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.”

3 Section 19(a) provides that when a magistrate commits a fugitive to prison under section 17, the magistrate shall 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.

4 There has been no application to the Divisional Court for leave to appeal and Mr. Tulloch's submission is that, the statutory procedure not having been complied with, the appeal is not properly before the court and should be struck out.

5 Dr. Cheltenham for the fugitive concedes...