Proceedings against Michael Polak’s client on trial for murder stayed due to abuse of process by the State of Antigua
Proceedings against Michael Polak‘s client, Jamaican national Methoni Vernon, for the charge of murder have been stayed in Antigua, due to an abuse of the court process by the State.
Following extensive written submissions on disguised extraditions and the powers of the Court to guard their own processes from abuse, which drew on evidence from his client and police officers highlighting the circumstances in which Mr Vernon was brought to Antigua from the Commonwealth of Dominica, the Judge found that Mr Vernon was “taken to Antigua forcefully to be arrested” and that the “process of removing [him] from Dominica was wrong”, and as such stayed the action (please find a link to the judgment here.)
Commenting on the decision, Michael said: “The common law is clear that where an individual is in another jurisdiction and is wanted for prosecution, an extradition request must be placed and due process followed. For the Antiguan Government to have attempted to circumvent this, by having our client placed on a plane and arrested on landing, highlights a disrespect for justice and the rule of law, and we are pleased that the case has now been stayed as a result of this extrajudicial action.”
“Antiguan authorities initiated the arrest of Mr Vernon in the Commonwealth of Dominica, where he was held without charge for two weeks, and Antiguan police officers travelled to the jurisdiction to surreptitiously accompany him on the plane to Antigua. Although he was told that he would then travel on to Jamaica from Antigua, he was only bought a ticket as far as Antigua and was arrested immediately upon landing there, making it clear that this was an unlawful rendition. The Antiguan and Dominican authorities must investigate the circumstances that permitted this to take place, especially as there is evidence of further unlawful renditions between Dominica and Antigua in more recent times.”
Mr Methoni Vernon stated “I would like to express my heartfelt thanks to the team of lawyers that stood with me, working hard around the clock preparing legal documents and arguments which resulted in the successful outcome. To Michael Polak and his entire team at Church Court Chambers I want to give a warm thank you for everything you have done, and I wish the same to the team at the Death Penalty Project. And of course, to Andrew O’Kola, who advocated for me in court in Antigua.”
News of the decision has been published in Antigua News Room and Virgin Islands News Online.
Michael Polak was instructed on a direct access basis to draft submissions in this matter and worked alongside Killian Moran and Bethany Jackson of the Death Penalty Project and Antiguan Counsel Andrew O’Kola.
Michael can be instructed for international law, human rights, or criminal matters by contacting his clerks by phone (+44 (0)20 7936 3637) or email (clerks@churchcourtchambers.co.uk).
