By Martina Johnson - Wednesday, April 4th, 2012.
ST JOHN'S, Antigua - Prime Minister Baldwin Spencer has issued a warrant
ordering the extradition of the former Financial Services Regulatory
Commission (FSRC) boss Leroy King to face trial in the US on several charges related to the Allen Stanford US $7 billion Ponzi scheme.
However, King's lawyer has filed a constitutional motion in the High Court,
seeking a declaration that certain aspects of the Extradition Act are
discriminatory and asking for judicial review of the Prime Minister's
decision, among other things.
The parties named in the motion are Attorney General Justin Simon, QC and
Spencer.
In the latest challenge, the lawyer noted that sections 12 and 13 of the Act deprive King of the opportunity to appeal a High Court ruling which ordered his committal to be delivered to the US.
About two weeks ago, the Court of Appeal struck down an application to
appeal the order. The decision of the appeal justices hinged on the
aforementioned sections of the Act.
Another point made in the motion is that any warrant issued by the PM should have been deemed "invalid and unlawful and of no effect so far as it
violates King's right to the protection of the law."
King's lawyer has asked the court to give an ear to the claim for constitutional redress simultaneously with his application for judicial
review of the prime minister's decision.
Lastly, the attorney will be seeking, "a conservatory order staying all
extradition proceedings in respect of (King) until the determination of
(the) motion ."
Should King succeed in his legal challenges, he wants to be awarded legal
costs.
This is King's fourth attempt to bar his extradition since he first appeared in the magistrates' court three years ago.
The US government indicted King on over 20 charges alleging wire, mail and
securities fraud and conspiracy to commit money laundering, among others.
However, the local courts committed him for trial on 11 of those counts.
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