Hepburn (Berkley) v The Director of Correctional Services and Another

• Jurisdiction: Jamaica
• Judge: McCalla, J. ,Dukharan, J.,Hibbert, J.,McCalla, J.
• Judgment Date: 28 May 2004
• Judgment citation (vLex): [2004] 5 JJC 2801
• Court: Supreme Court (Jamaica)
• Docket Number: CLAIM NO. 2003 HCV 2138
• Date: 28 May 2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FULL COURT

CORAM:

THE HONOURABLE MRS. JUSTICE ZAILA McCALLATHE HONOURABLE MR. JUSTICE MAHADEV DUKHARANTHE HONOURABLE MR. JUSTICE LLOYD HIBBERT

CLAIM NO. 2003 HCV 2138

IN THE MATTER OF THE EXTRADITION ACT

AND

IN THE MATTER OF THE EXTRADITION ORDER MADE BY THE RESIDENT

MAGISTRATE FOR THE CORPORATE AREA HOLDEN AT HALF WAY TREE

AND

IN THE MATTER OF THE JAMAICA CONSTITUTION ORDER IN COUNCIL

BETWEEN

BERKLEY HEPBURN

CLAIMANT

AND

THE DIRECTOR OF CORRECTIONAL SERVICES

1 ^ST DEDENDANT

AND

THE DIRECTOR OF PUBLIC PROSECUTIONS

2 ^ND DEFENDANT

EXTRADITION - Writ of Habeas Corpus - Committal Order made - Insufficient evidence

McCalla, J

1 The Claimant, Berkley Hepburn is a Jamaican national. At present he is incarcerated at the Tower Street Adult Correctional Centre.

2 A Committal Order was made against him by His Honour Mr. Martin Gayle, Resident Magistrate for the Corporate Area Criminal Court, pursuant to a request for his extradition by the United States Government.

3 The Claimant seeks an order that a Writ of Habeas Corpus be issued to the Director of Correctional Services for him to be discharged from custody.

4 The sole ground argued at the hearing was:

"As a matter of law the learned Resident Magistrate erred in ordering my extradition to the United States as there was no evidence that I had committed any offence for which I was liable to extradition to the U.S.A. The evidence adduced at its highest revealed an offence committed in and/or against Jamaica and/or the Bahamas."

5 The request for the Claimant's extradition is supported by the affidavit of Karen Gilbert, an Assistant U.S. Attorney for the Southern District of Florida. In her affidavit she sets out the events leading up to the request. At paragraph 18 she states that:

"As a result of the investigation into the narcotics activities of Berkley Hepburn and his co-conspirators, evidence was presented to a grand jury in the Southern District of Florida. On March 15, 2002, the grand jury returned the third superseding indictment naming Hepburn and 10 others, charging Hepburn with conspiracy to possess with intent to distribute cocaine and marijuana, and conspiracy to import into the United States, from a place outside thereof, cocaine and marijuana."

6 She deposed further that on March 15, 2002, the "superseding indictment" was returned by the grand jury to a United States Magistrate Judge for all individuals named, including the Claimant and on June 17, 2002 Berkley Hepburn was located in Jamaica and provisionally arrested at the request of the United States Government.

7 The evidence relied on by the United States to ground the request is to be found in affidavits of Nehru Shadrack Newton and DEA Special Agent Michael A. Dinnall.

8 In his affidavit Nehru Newton states that he is a resident of the Bahamas and the nephew of Samuel Knowles. He states that he has known Berkley Hepburn since 1994 and has worked for Samuel Knowles since 1994, trafficking narcotics. His initial role was to transfer narcotics from Jamaica to the Bahamas.

9 At paragraph 3 of his affidavit he states:

"Sometime in 1994, HEPBURN took receipt of one thousand (1,000) kilograms of cocaine at his home in Papine, Kingston, Jamaica. I attempted to stay with HEPBURN at Papine, but was told that I could not, because HEPBURN was keeping the cocaine."

10 Paragraph 4:

"On June 21 or 23, 2001, a cocaine shipment of fourteen hundred (1,400) kilograms of cocaine arrived in Jamaica from Colombia. Julian RUSSELL, HEPBURN and I assisted with sorting the cocaine at the Waterloo Guesthouse in Black River, Jamaica. I was present when HEPBURN came to the Waterloo Guesthouse and picked up the cocaine in a white van."

11 In his affidavit Michael Dinnall deposed to the surveillance of the home of Delroy Boyd and the execution of search warrants on the 22 ^nd January 2001 at Boyd's home. A vehicle registered in Berkley Hepburn's name was found parked inside Boyd's garage.

12 At paragraph 8 he states:

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