Update | Court adjourns hearing application for release of suspected assassin
Livern Barrett/Senior Staff Reporter
The Jamaican Government has a legal obligation to justify the continued detention of suspected Colombian assassin Mario Antonio Palacios, the Supreme Court has cautioned.
Palacios, a former Colombian military officer has been described by authorities in Haiti as a key suspect in the July 7 killing of Haitian President Jovenel Moise.
Despite the warning, Justice Courtney Daye today adjourned an application by Palacios' attorney who sought to have the suspect immediately released from the high-security Horizon Adult Correctional Centre in St Andrew.
The hearing is to resume next Friday.
Lawyers for the Jamaican Government requested the adjournment, citing the need for additional time to peruse a second request from Haiti for Palacios' extradition to determine whether it meets the requisite legal standard.
The previous extradition request, submitted on October 28, was denied because it did not satisfy the legal requirements under the Extradition Act.
The second request, which included a warrant of arrest, was submitted to the Office of the Director of Public Prosecutions (ODPP) on Wednesday through the Justice and Foreign Affairs ministries.
The ODPP is Jamaica's designated Central Authority in extradition cases and was allowed to present legal arguments in Palacios' habeas corpus hearing as an interested party.
Jamaica does not have an extradition treaty with Haiti.
Palacios' was arrested by the Jamaican police on October 8 after entering the island without a passport, he has admitted in an affidavit referenced in court.
Seven days later, he pleaded guilty to the offence of illegal entry and was ordered to pay an $8,000 fine or serve five days in prison.
He elected to serve the sentence because he was unable to pay the fine.
His attorney, Carolyn Cameron argued that the sentence expired on October 21 and disclosed that temporary travel documents were prepared by the Colombian Embassy here to enable his return to Colombia.
"Since then he has been sitting waiting for a deportation or repatriation, but nothing has happened," Cameron complained, urging Daye to order her client's immediate release.
“Do not allow the unlawful detention of Mr Palacios to continue,” she urged.
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