The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE $150,000 in legal costs the government must pay in connection with the illegal detention of two Cuban nationals could increase daily if the Christie administration fails to pay as ordered by the Supreme Court.

Months after Senior Justice Stephen Isaacs issued a writ of habeas corpus granting the release of Carlos Pupo and Lazaro Seara Marin from the Bahamas Department of Correctional Services (BDCS), the court had certified the award of $75,000 each in costs for the habeas corpus application that had been argued by Fred Smith, QC, of Callenders & Co in February of this year.

After the July 13 certified taxation order, the Cubans’ lawyer wrote a letter, dated July 28, to the Office of Attorney General requesting compliance of the court’s orders by August 15 lest any further interest accrues on the legal costs.

However, the payment, which included an additional $5,000 - representing 6.75 per cent interest owed up until the deadline - was outstanding up to press time yesterday.

The letter, addressed to the Crown, notes that an additional $27.74 daily will be applied for any additional delay on payment.

During the brief hearing that lasted 10 minutes in February, the judge was made aware of the circumstances behind the pair’s detention.

In March 2013, Seara Marin was arrest in Andros by officers of the Royal Bahamas Defence Force. Despite his arrest, he was never charged in court for the incident.

He was brought to Nassau and held at the Carmichael Road Detention Centre. In July 2013, he was transferred to the BDCS and initially held in the remand centre before he was placed in the maximum-security section where he remained up until the day of the hearing.

Seara Marin had been in custody for 34 months.

Pupo, Mr Smith said at the hearing, had been unlawfully held for 32 months following an arraignment in Abaco on a charge of illegal landing in May of 2013. Pupo had pleaded guilty to the charge and immediately paid the fine imposed on him by the court.

At the request of immigration officials, he paid for a return ticket to Florida. Instead he was taken to Nassau and detained at the Carmichael Road Detention Centre until July 2014, when he was transferred to the BDCS.

Pupo was also placed in maximum security after a short stint in the remand centre, the court heard.

Franklyn Williams, of the Office of theAttorney General, said the Commissioner of Corrections Patrick Wright would not contest either application.

As a result, Senior Justice Isaacs ordered the release of the Cuban nationals and awarded legal costs to the applicants.

Martin Lundy II, Alex Morley, Crispin Hall and Adrian Gibson also appeared for Pupo and Seara in February’s applications.