A High Court ruling made yesterday has paved the way for the extradition of Leroy King, the former head of the Financial Services Regulatory Commission (FSRC) who is accused of facilitating the multi-billion dollar Ponzi Scheme by jailed former businessman R Allen Stanford.
In a 71-page decision, High Court Justice Darshan Ramdhani said, having reviewed King’s arguments, he saw no reason why either King’s claim for constitutional relief or the application for leave should be allowed.
The judge therefore said, “I have further seen no reason why the second respondent’s order of return [to the US for trial] should be stayed or quashed. The claim for constitutional relief is therefore dismissed. The application for leave to apply for judicial review is also dismissed. There shall be no order as to costs.”
The second respondent referred to in this case was the foreign affairs minister who was, at the time, Prime Minister Baldwin Spencer.
Director of Public Prosecutions (DPP) Anthony Armstrong argued against King’s appeal on behalf of the United States, which is seeking King’s extradition to face trial on 11 fraud-related crimes.
King was represented by Dr David Dorsett and Fitzmore Harris, while Bridget Nelson appeared in the case as senior crown counsel for the attorney general and the minister of foreign affairs.
The background as outlined by court documents indicate that King’s case was a constitutional claim brought by way of an originating motion (once
amended) for remedies under section 18 of the Antigua & Barbuda Constitution.
Primarily, it was contended that a decision made by Spencer, as then foreign affairs minister, to order King’s return to the US under the Extradition Act 1993, was in breach of his right to the protection of law as guaranteed by sections 3, 5, and 15 of the Constitution.
(More in today’s Daily Observer)