Court: Man Loses U.S. Extradition Appeal
The Court has denied a request by a man — who “fled the US having been convicted” — who wanted to appeal to the Privy Council.
Paul Douglas Martin fled the United States over a dozen years ago having been convicted of “offences arising out of a road traffic collision where he seriously injured” an 18-year-old.
The ruling said, “This is an application for leave to appeal to the Judicial Committee of the Privy Council against my 27 February 2020 judgment on appeal confirming the order of extradition against Mr. Paul Martin made by Magistrate Craig Attridge on 15 August 2019 sitting in a Court of first instance.
“Mr. Martin fled the US, having been convicted upon his guilty plea for offences arising out of a road traffic collision where he seriously injured Mr. Christine Dobson who was then 18 years of age. He absconded from the US, thereby abruptly terminating his employment in October 2006, to escape the penalty of his sentence in criminal proceedings.
“Ms. Mulligan in bringing an application under section 82 argued throughout these proceedings that Mr. Martin should not be held culpable for the US Authorities’ delay in pursuing extradition proceedings because it was known as far back as 8 January 2007 that Mr. Martin had entered Bermuda.
“Mr. Martin deposed that the subsequent inaction on the part of the Respondent caused him to believe that the criminal proceedings had come to an end and that no further steps would be taken against him. In other words, Mr. Martin felt that he had successfully bypassed the burden and responsibility of those criminal proceedings because a significant period of time had lapsed since his escape.
“Mr. Martin also sought to persuade this Court that it would be unjust and/or oppressive for him to face his criminal liability in the US by pointing to the increase in his age and his unparticularised mobility challenges.
“His added that he is a Bermudian national and resident who has no ties to persons living in the US, notwithstanding his previous period of US residency. Further, and with much emphasis, the Applicant’s Counsel reminded this Court that although Mr. Martin deliberately fled the US, he has been living in plain sight in Bermuda since his return in 2006
“The application for leave to appeal to the Judicial Committee of the Privy Council is accordingly refused.”
The full ruling follows below [PDF here]:
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