By Barbara Gayle, Staff ReporterTHE DIRECTOR of Public Prosecutions has been ordered by a Supreme Court Judge to submit an affidavit by Friday giving reasons why 52-year-old St. Ann businessman Horace 'Deedo' Nembhard, one of the two Jamaicans who have been designated by President George Bush of the United States as drug kingpins, should not be granted bail.
Leebert Ramcharan, 45-year-old businessman of Montego Bay, St. James, is also on the U.S. President's list.
Nembhard, whose bail application was turned down last month in the Corporate Area Criminal Court, has applied to the Supreme Court for bail.
Frank Phipps, Q.C., and attorney-at-law Wentworth Charles who are representing Nembhard, began making submissions yesterday before Mr. Justice Patrick Brooks in chambers.
The judge said he did not have any reason before him from the Resident Magistrate (Martin Gayle), as to why Nembhard was denied bail. The judge asked Crown Counsel Gail Walters to present an affidavit from the DPP on Friday when the bail application continues.
Nembhard, a haulage contractor of Runaway Bay, St. Ann; 47-year-old Robroy Williams, alias 'Spy'; 46-year-old taxi operator Vivian Dalley, both of Montego Bay, and 46-year-old Herbert Henry, also called 'Scarry', a Corporal in the Jamaica Constabulary Force, are wanted by the United States government to face charges for allegedly conspiring to traffic cocaine and ganja into the USA. They are facing extradition charges.
The lawyers are contending that there was no urgency for provisional warrants to be executed on Nembhard. Nembhard, who has been in custody since April 20, said he was awaiting the supporting documents from the USA in support of the request for his extradition.
Nembhard has said in his affidavit that he was diabetic and was experiencing excruciating pain because he was unable to get the daily physiotherapy required for an injury to his shoulder. He said he was not a flight risk and had not travelled to the United States for the last 24 years.
"I do verily believe that I have a good chance of these charges being dismissed," Nembhard said.
