Rhett Fuller has been fighting his extradition for 13 years, and he's exhausted just about every legal option.
Today was his very last attempt: asking the Supreme Court for judicial review of the foreign Affairs Minister's decision made on September 20th to extradite him.
The courtroom of Justice Samuel Awich was full with Fuller's family and friends. Fuller entered looking very tense.
The judgment was delivered at 4:00 this afternoon, and there was a palpable hush in the courtroom when Justice Awich denied Fuller's request. He said that the Minister's Warrant remains valid and Fuller should return to prison to await his surrender to authorities for extradition.
Fuller's wife, Annemarie could be seen crying in the courtroom- while Fuller - who was in the dock - hung his head dejectedly, his fingers pressing against his eyes.
A dire outcome for the Fuller's and Friends, but that wasn't the end of it. Attorney Godfrey Smith - who was appearing for Eamon Courtenay told the judge that Fuller and his family throw themselves on the mercy of the court. He asked Justice Awich to suspend the decision of the Minister for a month while an urgent notice of Appeal is filed at the Court of Appeal.
The government side - represented by Magali Perdomo objected saying that the application has no prospect of success and that the case has been argued in every court right up to the Privy Council. She reminded the court also that the Government of Belize has treaty obligations.
Those arguments took another half an hour and then Justice Awich took five minutes to write up his judgment right there in the courtroom.
There was an uneasy quiet in the court during that period - for if he denied the stay - Fuller could be extradited as early as tomorrow.
But in the end - he granted the application for a stay.
Godfrey Smith told us what it means for his client Rhett Fuller:..
Godfrey Smith, Attorney
"Well first of all this is Mr. Eamon Courtenay's client and I am merely substituting and holding papers for Mr. Courtenay who is out of the country. As you are aware Mr. Justice Awich did not grant the application for judicial review to quash the Minister's decision. However as you are also aware we made an application to him that he put a stay on the decision of the Minister to surrender Mr. Fuller to the United States authorities until after the hearing of his appeal to the Court of Appeal. We inform the court that Mr. Fuller had already instructed his attorneys that in the event the decision went against him he would want an appeal filed as quickly as possible. So Mr. Courtenay will have his instructions to file an appeal as soon as possible and when the liberty of somebody, anybody, a Belizean is at stake you are entitle to exhaust all your remedies. we continue to be firmly of the view that notwithstanding the Privy Council judgment the discretion given to the Minister is a much wider thing and we believe that he did not exercise his discretion reasonably and with due regard with the evidence so that will be what will be advance before the Court of Appeal."
Jules Vasquez
"From a mechanical perspective, how will it work with the Court of Appeal, they are not in session and the won't be until early next year."
Godfrey Smith, Attorney
"Well again that is a matter for Mr. Courtenay. As you rightly said the Court of Appeal will come March and he will have to consider whether he will apply for some kind of special sitting, but I don't think that will be applicable in this case, so as matters stand Mr. Fuller will be filing an appeal and until that is the determined he remains in Belize and will not be handed over to the United States authorities until the conclusion and determination of his appeal."
Jules Vasquez
"Is this the very final option that is now being sought?"
Godfrey Smith, Attorney
"Well I would not think so, as you are aware. The final option is an appeal to the Caribbean Court of Justice, but as always if the decision goes against him again the matter of restraining or staying his extradition is a discretionary matter which is for the court to decide. So one step at a time."
The leave for appeal must be filed very soon if not immediately - and Fuller must put down twenty thousand dollars as security for cost of court.
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