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Stabroek News

MoBay accused fights to use conversation in court
published: Tuesday | October 4, 2005

Barbara Gayle, Staff Reporter

THE MONTEGO Bay cambio operator who is wanted in the United States to face drug-related charges is fighting a legal battle in the Supreme Court to get a recorded conversation tendered in court.

Adrian Armstrong, who was held last year on a provisional warrant, is claiming that the recorded conversation is of importance to his case.

He is alleged to have been one of the persons speaking in the recorded conversation.

Armstrong's extradition hearing began earlier this year before Senior Resident Magistrate Martin Gayle in the Corporate Area Resident Magistrate's Court. He made an application before the RM for the prosecuting authority to give him the recorded conversation but the RM did not rule on the matter.

He has filed an application in the Supreme Court seeking leave to go to the Judicial Review Court for an order to compel the prosecuting authority to release the recorded conversation.

Miss Justice Kay Beckford is hearing the application.

Attorneys-at-law Patrick Foster and Simone Mayhew from the Attorney-General's Department are opposing the application. They have argued that the decision of the prosecuting authority not to provide that evidence should not be the subject of judicial review.

Armstrong, who is being represented by attorney-at-law Jacqueline Samuels-Brown, has also filed a motion in the Constitutional Court contending that his extradition hearing is an abuse of the process of the court.

He is also challenging the Extradition Act on the ground that it is unconstitutional.

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