10/9/2020
START DATE
END DATE
19-Oct-20
Paul Douglas Martin v. Government of the United States of America
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Appellate Jurisdiction
S. Subair Williams J
Ms. Susan Mulligan (Christopher?s)
Mr. Alan Richardson (Director of Public Prosecutions)
FACTS OF THE CASE:
Paul Douglas Martin applied for leave to appeal to the Judicial Committee of the Privy Council against the Supreme Court?s February 27, 2020 ruling, which upheld an extradition order issued by the Magistrates? Court. The US had requested Martin?s extradition to serve a 1-3 year sentence imposed in his absence in New York for an offense committed in 2006. Martin argued that his extradition was unjust due to the 13-year delay in pursuing the request. He contended that he lived openly in Bermuda under his real name and that the US failed to take timely action. The Court considered whether the delay made extradition unjust or oppressive under section 82 of the Extradition Act 2003 (Overseas Territories) Order 2016.
SUMMARY:
(1) Did the 13-year delay in seeking extradition make it unjust or oppressive? (2) Was Martin led to believe he was no longer wanted? (3) Should the House of Lords ruling in Gomes be reconsidered due to its impact on extradition cases?
OUTCOMES:
Application for leave to appeal to the Privy Council refused; extradition order upheld.
RULED IN FAVOUR OF:
Government of the United States of America (Respondent).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Paul Douglas Martin v. Government of the United States of America
Paul Douglas Martin applied for leave to appeal to the Judicial Committee of the Privy Council against the Supreme Court?s February 27, 2020 ruling, which upheld an extradition order issued by the Magistrates? Court. The US had requested Martin?s extradition to serve a 1-3 year sentence imposed in his absence in New York for an offense committed in 2006. Martin argued that his extradition was unjust due to the 13-year delay in pursuing the request. He contended that he lived openly in Bermuda under his real name and that the US failed to take timely action. The Court considered whether the delay made extradition unjust or oppressive under section 82 of the Extradition Act 2003 (Overseas Territories) Order 2016.