Caribbean Court of Justice remits extradition case to Belize High Court

The Caribbean Court of Justice has remitted to the Belize High Court the issue of whether the interception of electronic communications without judicial oversight breaches the Constitution.

Mr Bennett’s extradition is sought by the United States for allegations of money laundering. The US authorities seek to rely on electronic messages (WhatsApp messages) which Mr Bennett is said to have exchanged with an undercover US police officer. The Belize High Court and Court of Appeal ruled that the messages were secured in breach of the Interception of Communications Act 2010, unconstitutional and ought to be excluded. The courts nonetheless found that other material relied on by the US could possibly found a case to answer, and that the extradition proceedings were not therefore an abuse of process.

Before the CCJ, the Belizean authorities revealed that the Interception of Communications Act 2010 was not in force at the relevant time. In the light of this error of law and the acknowledged importance of the subject-matter, the CCJ decided to remit the matter back to the Belize High Court to decide whether this error of law was material to the conclusion that the messages were unconstitutionally intercepted.

Edward Fitzgerald KC and Graeme Hall, working with Hector D Guerra of Marine Parade Chambers LLP, were instructed to represent Mr Bennett before the CCJ.