7 News Belize

Rhett fuller Goes To Court For Bail
posted (February 10, 2012)
Rhett Fuller turned himself into police in August after his Privy Council appeal was dismissed. As is well known, he is fighting deportation - and has almost run out of legal options.

But still, his attorney Eamon Courtenay is seeking judicial review of the most recent decision form the Minister of Foreign Affairs. But while he does that, Fuller has been languishing in the Kolbe Central Prison since August.

Today he tried to get bail for him - before the same judge who had granted him bail in 2009. Here's how that went in court today:..

Jim McFadzean reporting
After a two and a half hour hearing this afternoon, the dejected 40 year old was once again remanded to prison, after Justice Adolph Lucas said he needed time to arrive at a decision on whether Fuller will be granted bail.

In opposing bail, Crown Counsel Magali Perdomo cited the government's treaty obligations, which she says are paramount in Fuller's extradition case.

Jim McFadzean
"The crown counsel in her presentation today submitted that circumstances have change drastically because, after having exhausted all these appeals and judicial reviews, that Mr. Fuller is now indeed a flight risk should he be granted bail."

Eamon Courtenay, Fuller's attorney
"Well I don't think she went as far as saying that Mr. Fuller is a flight risk, and, indeed, I try to emphasize to the court that there is no evidence from the government that they believe that Mr. Fuller is a flight risk."

"What my learned friend was submitting was that, because we have reached near to the end of the applications that Mr. Fuller has presented, there is a possibility that the chances of him wanting to run has increased. I said to the court that we are not in wonderland; we are in a court of law and there is absolutely no evidence from them that they believe that he is going to run. There is no evidence from the government that they believe that he is a flight risk, and therefore it can't be that my learned friend says that from the Bar table in the absence of evidence."

Jim McFadzean
"She also said that there is no precedent for bail in an extradition case. Ever more so, it was my understanding that you were trying to make this as a simple bail that every person has a right to, and she is saying no, this is an extradition case; it has its own treaty obligations."

Eamon Courtenay, Fuller's attorney
"Right, and my answer to her is very simply, Mr. Fuller was granted bail in 2002 by Chief Justice Conteh and in 2009 by Justice Lucas in an extradition matter. So there is a precedent that bail can be granted in extradition matters."

"My learned friend referred to the case of Ferguson from Trinidad; in that case the two accused persons were on bail in an extradition matter. So there are precedents."

Fuller's wife was at the proceedings today, and agreed with Courtenay that her husband has had more than one occasion to flee the country.

Ann Marie Fuller, wife of Rhett Fuller
"As Eamon rightfully put it, nothing has changed in 2002. They are the same charges; it's the same Rhett Fuller, same allegations, and it's the same international circumstances. She keeps on saying that the foreign affairs office would be greatly compromised because of Rhett's bail. I don't see it being that important."

Courtenay says he is very concerned about his client's mental and physical health because he claims Fuller has been limited to 4 hours of sunlight per day during his incarceration.

Eamon Courtenay, Fuller's attorney
"He is in a difficult situation. He just mentioned to me - and I think that this is really sad - that he gets 4 hours of sunlight every 7 days. He is solitary confinement in a very small cell. Let me put it this way, nobody who goes to prison is in a god way. But we are hopeful that he is going to get bail."

At the end of the day, any refusal to extradite Fuller back to the USA is bound to strain an already tenuous relationship between Washington and Belmopan.

Justice Adolph Lucas has set February 21st, as the date he will render his decision on whether Fuller will be granted bail.

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