St Vincent Court refuses US application to extradite Vincentian

A St Vincent court has refused an application by the United States to extradite Kern Z. Mayers, a Vincentian man, who is said to be among the most wanted people in Pennsylvania.

“The court has considered carefully the arguments and submissions, examined all affidavits and other evidence, case law, statutory guidelines and the court finds that given all the circumstances it would be unjust to return him,” said Chief Magistrate Rechanne Browne in a recent ruling.

The authorities in the United States wanted Kingstown to send Kern Z. Mayers back to Pennsylvania to answer to charges in relation to a January 4, 2006, incident in that state.

“Law enforcement attempted to initiate a traffic stop on a vehicle driven by Kern Mayers. In an attempt to flee from the police, Kern Mayers struck several vehicles and injured police officers. After a vehicle and foot pursuit, Kern Mayers was captured. Mayers was released from the Luzerne County Correctional Facility and then failed to attend his scheduled court hearing on January 25, 2006,” the website Pennsylvania Crime Stoppers said of the allegation against Mayers.

While in St Vincent, the police in Kingstown arrested Mayers at a business place in the city on Dec. 10, 2020, a few years after he returned to St. Vincent and the Grenadines.

Lawyers Joseph Delves and Grant Connell represented him in the extradition hearing.

Connell also testified on Mayers’ behalf during the proceedings in which Rose-Ann Richardson appeared for the Crown.

In her ruling, the chief magistrate noted that the Crown had submitted that Mayers is a fugitive and should be returned to the United States to answer to the charges.

However, Delves submitted that not all the offenses are relevant, and the Crown had not shown that the extradition is permitted under the Fugitive Offenders Act.

The United States charged Mayers with two counts, with several charges under each count, including alleged possession of two grams of cocaine and injuries to a police officer.

The St Vincent court held that some of the counts were extraditable while others were not.

The Crown argued that the issue of statute of limitation did not apply as Mayers absconded and had no reasonably ascertainable place of abode or work within the Commonwealth.

However, Mayers’ lawyers contended that the passage of time was critical and having regard to all circumstances, it would be unjust, oppressive, and too severe a punishment to send him back to face trial in the United States.

They argued that the offenses were allegedly committed in January 2006 and the extradition proceedings commenced in 2021.

The lawyers told the court that 15 years is an inordinately lengthy period, and the prosecution of the offenses should have commenced in 2011 and not in 2017.

CMC/