Man sits in jail 1,600 days in extradition case
(CNS): Juan Carlos Gonzales Infante (61), a Venezuelan national wanted by the US authorities for drug smuggling and money laundering, has served more than four years at HMP Northward even though he has never been convicted of a crime here. Gonzales came to Cayman in 2019 as a co-pilot of a private plane carrying gold. He and three other men were charged with smuggling, but all four were acquitted in 2020. He has remained on remand since then.
Gonzales, who has been diagnosed with Parkinson’s disease, appeared in court via video link from HMP Northward on Friday. The court heard that his appeal against a decision to extradite him to the United States had been adjourned time and again, almost always because of problems with legal aid.
Prosecuting counsel Toyin Salako urged the court to intervene and have the Department of Legal Aid director attend to explain what the problems are, explaining that because the application has not been rejected but is constantly deferred, Gonzales cannot appeal the decision.
Since he was found not guilty in the gold smuggling case, he has been in jail for 1,288 days while he fights extradition, having lost his first challenge last November, Salako said. The appeal is currently set to be heard in January, but she said there are now fears that this latest date will also be missed.
The court heard that the Department of Legal Aid is questioning the need for reports and other research to support his challenge to the US extradition request.
Salako raised concerns that the length of time that Gonzales has now served on remand awaiting extradition now raised human rights concerns, as well as issues relating to Cayman’s standing on the international stage when it comes to its extradition agreements with key allies and partners. She said it was “embarrassing” that this jurisdiction was unable to even hold the extradition hearing.
She told the court that extradition hearings can be complex and difficult, and there is a need for reports and expert evidence, which must be funded, as she urged the judge to bring the legal aid team to the court in order to try to move things along.
Jonathon Hughes, Gonzales’ attorney, said that key medical reports relating to his client’s physical and mental health are required for the extradition hearing, but without the legal aid, he has no means of funding them.
“We’re in a holding pattern until a decision is made,” Hughes said as he spoke of the legal aid’s repeated deferrals and periods of silence in response to requests and queries.
Gonzales, who was given the chance to address the court directly, said he had been “detained and restrained” for about five years, which he said had led to a deterioration in his mental and physical health. “My family, everybody, has been affected by the inordinate delays in these proceedings,” he said. “I don’t want this proceeding to be delayed anymore,” he added before raising his right to a fair trial under Cayman’s Bill of Rights.
Justice Cheryll Richard agreed that legal aid should be asked to attend. She asked Hughes to contact the director about appearing at the next mention date on 14 November. The judge said the court would also seek answers from the department.
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Category: Crime
Are we supposed to feel sorry for him?
Franz is there only for his Cheshire Cat moments!!
Good administration? What is that??
World class (un)civil service.
FATF clearly overlooked this DPP cock up.
It would be interesting to see how He will plea if, or when, He is extradited to the U.S.🤔
One person had to wait 3 years and 6 months for a single judgment to be delivered. The Privy Council said this was NOT an unreasonable delay under the Constitution.
ANY comment from OUR judiciary? Or ‘not my problem’ all up + down the line?
There is no accountability ANYWHERE in our government. The only solution at this stage is to privatize the administration and services. It would increase efficiency and save hundreds of millions.
if he is as innocent as he claims why dont he just go to the us and have his trial instead of spending 4 years in jail here?
….due process. It’s a thing. A very important one.
Only question is whether there is a valid warrant. The rest is lawyer hokum.
ding ding ding!
Exactly
Better odds in avoiding extradition and flying back to Venezuela than beating a DEA rap in the US.
That’s not the point. Why does it take so long to hve the extradition hearing and bring it to a conclusion one way or the other. It’s like the Cuban refugees – used to take years for asylum cases to be heard, now they are dealt with in months. Just needs some proper administration
Does everyone realize that at some point, maladministration is a serious crime at common law? If only someone in authority would establish where that point is, we all might be much much better off.
Perhaps Ms. Salako could consider whether there has been any offense committed?
Justice delayed is justice denied.
And where is the GOLD?? I believe long gone to England???
This some cockamamie story here.
That was the outcome in only one haul’s worth, in a career of embargo smuggling and profiteering spanning years, as the instrument for a cruel sanctioned authoritarian regime. This isn’t just some random guy the USA want in their custody. Not a good look for Cayman that he was allowed to land here.
Have the Caymanian people really just spent $350,000 to keep a un-convicted person in prison for more than 3 years, all because a system will not pay $5,000 to assure him of a fair hearing?
And has anyone tried to sell the jet to pay for all this? Bet it is not worth anything now, having sat in the sun for almost 4 years? How many millions have we lost on that?
How is this responsible?
So so so true!
Listen Pal. The LAST thing we do on this Island is help anybody unless they come from Jamrock. Not a chance this South American nobody is getting a dime whilst some bod in the Legal Aid department is sitting there fuming with rage every day about his Taxi driving brother from Kingston (sorry, Windsor Park) getting a speeding ticket that one time out of a thousand.
Bitterness runs strong in such a small civil service and judiciary mate.
And yet it used to be fine.
Weird how as our population increases so rapidly, so does our level of corruption and crime. Can’t say that part out loud, though.
Check the status grant records mate. Half the law firms on island are stuck with 15 year veteran under achievers that they can’t get rid of because of that thing.
Places are riddled with those layabouts that got the letter and then no longer had to worry.
This is truly a shame and a disgrace; everyone involved should face some form of penalty.
Shouldn’t they either complete this process or release this man? Can’t the local government demand that the requesting party cover the expenses since they are the ones who want him in their jurisdiction, not us in ours?
Wow. So the CI taxpayer has to pay for a Venezuelan national to fight his extradition to the US?????? How is that right?
That is right because it is what happens when key Civil Servants or departments of government fail or refuse to do their job in a timely manner or in accordance with our laws.
The Cayman economy is deprived of tens of millions of dollars on that issue alone. This is now mainstream. Do not feign surprise.
The phrase ‘CI taxpayer’ is doing some heavy lifting here buddy!
This is truly ricky-diculous!
What kind of world class civil service do we have here?
Who will be reprimanded and disciplined for this lack of action?
Seems a lot of ppl are to blame here, but will any ONE be held to account?
Franz says the buck stops with him as he is the Head of the Civil Service.
Will he take the blame on this one?
Or does he only accept the praise for when things go good and there is a photo op?
🌚🌚. 👍👍Tricky-diculous!!!🌚
Don’t do the crime if you can’t do the time.
Except there is no crime. Do you mot understand what acquitted means?
There’s a warrant out for him.
The legal aid director is so rude and so disrespectful- she treats all those who apply like the chicken poop she stepped in. I have seen her speaking to lawyers and she’s incredibly awful to them too. If this is her way of trying to protect her budget it’s not working or acceptable. She thinks she’s going you a favour by granting legal aid – she’s not, it’s a fundamental right in most cases. The criminal system as a whole is an embarrassment to this jurisdiction.
Makes very little sense. All these mental issues can be dealt with in the US as well as Cayman, probably better considering how things have been handled so far.
These years of adjournments are defensive delay tactics.
That is most likely what’s happening, here.
Delay, delay, delay,…to avoid U.S. trial and, subsequently, the possibility of him co-operting with the USDOJ.
Disgusting.
Power with no checks and balances.
Unaccountable.
Our constitutional rights are an illusion to placate us.
Unconscionable.
No one gives a damn. Our governance is at new lows, and this is NOTHING to do with our politicians.
Who is paying for all this? His expensive legal aid fees and the cost of housing and feeding him?
US, that’s who. All of us are paying for this charade from our taxes.
That money is better spent on housing our homeless, medical fees for our pensioners, feeding families with hungry kids etc.
Utterly ridiculous.