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An order was made yesterday by the Supreme Court for the immediate release of a Jamaican man who had been in custody for more than 60 days since he waived his right to an extradition hearing. Tony Vincent Ashman, 27, had consented on November 26 last year to return to face a murder charge in England.
An order was then made in the Corporate Area Resident Magistrate's Court for Ashman to be extradited.
Ashman, who was represented by attorneys-at-law Diane Jobson, Oswald James and Franz Jobson, took the matter to the Supreme Court contending that under Section 13 of the Extradition Act, he was entitled to be set free because he was not sent back within the specified time.
The minister of justice and attorney general have the authority to sign the relevant documents for a fugitive to be extradited after the court proceedings have been completed.
Ashman's application for a writ of habeas corpus (immediate release from prison) came before Supreme Court judge Martin Gayle in chambers last month and the matter was set for hearing yesterday before a Full Court comprising Justice Horace Marsh, Justice Donald McIntosh and Justice Courtney Daye.
could not defend
Lawyers from the Office of the Director of Public Prosecutions and the Attorney General's Department said they could not defend the matter and conceded that Ashman should be freed.
Section 13 of the Extradition Act states, in part, that if any person who waived his right to fight his extradition is in custody in Jamaica under this act after the expiration of two months, he may apply to the Supreme Court for his discharge.
Ashman was at the General Penitentiary awaiting his extradition.
It is alleged that he fatally shot a man at a nightclub in Brixton, England, in 2009 and later fled to Jamaica.
barbara.gayle@gleanerjm.com
An order was then made in the Corporate Area Resident Magistrate's Court for Ashman to be extradited.
Ashman, who was represented by attorneys-at-law Diane Jobson, Oswald James and Franz Jobson, took the matter to the Supreme Court contending that under Section 13 of the Extradition Act, he was entitled to be set free because he was not sent back within the specified time.
The minister of justice and attorney general have the authority to sign the relevant documents for a fugitive to be extradited after the court proceedings have been completed.
Ashman's application for a writ of habeas corpus (immediate release from prison) came before Supreme Court judge Martin Gayle in chambers last month and the matter was set for hearing yesterday before a Full Court comprising Justice Horace Marsh, Justice Donald McIntosh and Justice Courtney Daye.
could not defend
Lawyers from the Office of the Director of Public Prosecutions and the Attorney General's Department said they could not defend the matter and conceded that Ashman should be freed.
Section 13 of the Extradition Act states, in part, that if any person who waived his right to fight his extradition is in custody in Jamaica under this act after the expiration of two months, he may apply to the Supreme Court for his discharge.
Ashman was at the General Penitentiary awaiting his extradition.
It is alleged that he fatally shot a man at a nightclub in Brixton, England, in 2009 and later fled to Jamaica.
barbara.gayle@gleanerjm.com
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