STATEMENT BY THE HON. PRIME MINISTER
Dr. Denzil L. Douglas
ON THE HANDING OVER OF
MR. NOEL HEATH AND MR. GLENROY MATTHEW
TO THE DRUG ENFORCEMENT AGENCY
OF THE UNITED STATES OF AMERICA
On
Friday 3rd March 2006
Fellow citizens and residents, this country for the past month has been discussing a decision handed down by the Privy Council in the United Kingdom ordering the extradition of Noel Heath and Glenroy Matthew to the United States of America to stand trial for alleged criminal offences, namely conspiracies to import cocaine into the USA and other related matters.
In the Federation of St. Kitts and Nevis, extradition of a national is provided for by the Extradition Act, Chapter 105 of the Laws of St. Christopher and Nevis. This law adopted and incorporated the provisions of the Extradition Acts of the United Kingdom of 1870 and 1873, as amended.
Extradition arrangements have also been supplemented by a treaty between the Federation and the United States, originally concluded in 1972 and a later treaty with the US that was incorporated into law by Act No. 27 of 2001.
Most countries have extradition arrangements with other countries because it is a central aspect of the conduct of national security and foreign relations; it makes for good governance and seeks to reduce the level of international crime, which has implications for the social stability of St Kitts and Nevis.
Our form of Government in the Federation is based upon the doctrine of the separation of powers, to wit, the Legislative, Executive and Judicial branches.
This constitutional doctrine has led to the Independence of our courts. This factor is of supreme importance to ensure fairness and equality in the dispensation of our laws.
A judicial system, which becomes the tool of politicians or any other group in society, would seriously threaten the fabric of our society. Thus, a cornerstone of our constitutional practice is that the interpretation of the law must be left to the courts, and that is what we have done in this case.
The case involving two nationals of St. Kitts and Nevis, Mr. Noel Heath and Mr. Glenroy Matthew was heard at every level of our judicial structure, right up to the Privy Council, which is our highest and final court. This court ruled that these two nationals should be extradited to answer the charges that have been laid against them in the United States.
A final review of certain issues not related to the interpretation of the law raised on behalf of Mr. Heath and Mr. Matthew by their lawyer, was conducted by the relevant ministry and this government made a decision to obey the order of the court.
It is never a happy circumstance for a country to turn its nationals over to another country for trial in a foreign court.
My government looked at this situation long and hard and concluded that it was in the national interest that the law, deriving from international undertakings which we had solemnly agreed to, be obeyed.
The national interest is quite simple. Ours is a small Federation (existing in an environment of fierce global competition).
We live within the Western Hemisphere and geopolitical considerations dictate that we be very careful how we conduct our affairs.
We must take cognizance of the reality that for several centuries the United States has been the main, if not the sole, guarantor of stability within our region. There are other benefits, which our nationals enjoy by having a friendly relationship with the United States of America.
Many of our nationals make their living abroad. Our nationals are permitted to visit their families and to do business abroad. Many of our nationals on a continuing basis get the opportunity to emigrate as permanent residents, and the number of Kittitians and Nevisians who are holding citizenship in foreign countries is on the increase.
American visitors and other tourists that travel by American air carriers as well as those that come by cruise liners, contribute significantly to our expanding tourist trade.
These are but a few of the many benefits that our Federation derives from maintaining good relations with the United States of America and other friendly countries.
Any act therefore which dishonours an agreement solemnly entered into can jeopardize those relations and would serve to devalue the pledges and promises made by the Government of St. Kitts and Nevis in international circles.
In deciding to obey the ruling of the courts my government has put the national interest above any other interest.
Accordingly, it is my duty to inform this nation that the extradition order took effect on 2nd March 2006 when Mr. Noel Heath and Mr. Glenroy Matthew were handed over to officials of the Drug Enforcement Agency of the United States. They were escorted out of the country last evening.
This government has therefore done its duty to protect the interest of our nationals of this Federation after allowing Mr. Heath and Mr. Matthew to fully exhaust their rights before the courts. We have carried out our international commitments.
We understand the feelings of the families affected at this time, and so please remember to lend them your support in this difficult period. In fact, our government has instructed our Embassy in Washington to monitor closely the proceedings of the trials.
Fellow citizens, no matter how unpleasant the task, we shall continue to put the interest of our nation first.
I ask that each of you do likewise in your interpretation of this Action.
I thank you.