Appellate court upholds ruling in officer’s extradition hearing
The Court of Appeal yesterday upheld a lower court’s decision to deny a man fighting extradition the right to cross-examine his accuser.
Police Constable Nyahuma Bastian is wanted in South Texas for the alleged rape and assault of a former girlfriend on April 26, 2001.
Bastian and his alleged victim were both students at the University of North Texas when the incident allegedly took place.
Bastian, who was on $120,000 bail, absconded and returned to The Bahamas.
He joined the police force on his return to the country and was arrested on an extradition warrant when he reported for duty at the Central Detective Unit on June 17, 2010.
However, more than one year on no evidence has been presented in the extradition hearing.
Bastian’s lawyer, Murrio Ducille, raised a preliminary objection when extradition proceedings were due to start before Magistrate Guillimina Archer. Ducille argued that Bastian had a constitutional right to question his accuser.
After hearing submissions from Ducille and prosecutor Neil Brathwaite, Archer ruled that Bastian did not have a right to cross-examine the alleged victim.
Ducille then filed an application before Senior Justice Jon Isaacs, challenging the decision of the magistrate. Isaacs dismissed the application at the conclusion of the hearing.
The Court of Appeal panel of President Anita Allen and Justices of Appeal Christopher Blackman and Stanley John dismissed an appeal of Isaacs’ decision.
Ducille reportedly plans to make a final challenge to the Privy Council.