By LAMECH JOHNSON
Tribune Staff Reporter
A MAN fighting extradition to the United States on drug charges will have to apply for bail at the Court of Appeal, the same court presiding over his extradition appeal.
Melvin Maycock Sr appeared before Justice Vera Watkins to learn whether or not she had approved his application for a bond pending the outcome of a hearing before the appellate court that is scheduled to be heard in September.
His previous application for bail to Senior Justice Stephen Isaacs in March had been rejected considering the circumstances of his case and the likelihood that he would reoffend if granted bail.
Justice Watkins, yesterday, agreed with her fellow judge’s sentiments.
“While it may be so that Articles 19(3) and 28(1) and (2) (of the Constitution) confers upon the applicant the right to apply to the Supreme Court for an order that he be released pending the hearing of any matter before a court, I note the peculiar facts of this case in that the essence of the application is that the applicant is appealing against an order to commit him to prison.”
“Unlike the ordinary application for bail where an applicant seeks release from prison pending trial in a Magistrate’s or Supreme Court, the applicant is applying for his release from prison pending the hearing of an appeal in the Court of Appeal against a lawful order from a magistrate that he be committed to prison to await extradition to the USA.”
“Moreover, the Supreme Court has on two occasions denied bail to the applicant pending the hearing of his appeal in the Court of Appeal and he is now making a third attempt for bail in the Supreme Court.”
The judge further noted that Maycock failed to appeal the dismissal of both applications to the appellate court, which is set to hear his extradition appeal on September 30.
Justice Watkins, in considering all of the circumstances, determined that Maycock Sr “is not a suitable candidate for bail in that he has been convicted of several offences since being released on bail in 2009.”
“I concur with the views expressed by Senior Justice Isaacs and find that there is a likelihood that the applicant will commit offences should he be released on bail. The applicant is also not a suitable candidate for bail in that he has been convicted of escape from lawful custody since he was first granted bail on the application made by the government of the United States of America.”
“This is an indication that there is a likelihood that the applicant may abscond and not return for the completion of the matter before the Court of Appeal should he be released on bail,” the judge added.
Last September, then-Senior Justice Jon Isaacs upheld the approved extradition request for Maycock Sr, along with co-accused Trevor Roberts, Gordon Newbold, Sheldon Moore, Devroy Moss, Shanto Curry, Lynden Deal, Brenden Deal, Torry Lockhart, Wilfred Ferguson, Derek Rigby and Carl Culmer. He quashed an extradition order for Maycock’s son, Melvin Jr, and Larran Lockhart.
Maycock Sr’s appeal hearing is scheduled for September 30. The other 11 appellants may also be heard on that date.
Murrio Ducille represented Maycock Sr in his latest bail application. Ambrose Armbrister appeared for the Crown.