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Adjournment request in missing Cuban case

Thu, Jul 22nd 2021, 03:52 PM
Court Tribune Stories

THE attorney of the Cuban woman said to have drowned at sea after the boat she was on capsized yesterday requested an adjournment in her habeas corpus application to invoke an Article 28 jurisdiction to supplement the "lack of discovery" in the government's returns.

Adriana Maria Caro, 22, was said to have been onboard a Cuban vessel that was intercepted by Cuban, Bahamian, Turks Island and US Coast Guard officials in early March. According to court documents, for some “unknown reason” there was an accident on Cay Sal Bank and the boat exploded and sank.
#While Peter Joseph, the officer-in-charge of the Carmichael Road Detention Centre, said he believed Mrs Caro died along with others onboard the ill-fated vessel, relatives and legal counsel of the woman said they believe she is being detained at the CRDC “for reasons known only” to Immigration authorities.
#In May, Senior Justice Bernard Turner granted, Fred Smith, QC, leave to issue a writ of habeas corpus against Immigration Minister Elsworth Johnson, Immigration Director Clarence Russell and Mr Joseph, who are the respondents in the matter.
#During the proceedings yesterday, Mr Smith said he wished to file an Article 28 motion because he did not believe the return from the respondents was sufficient to proceed with the substantive hearing.
#Mr Smith said he was seeking an order for the production of any and all papers and documents that may be in possession of the respondents relating to all of the persons who were taken into their custody from the vessel that Mrs Caro was on when she and others were taken into custody by members of the Royal Bahamas Police Force and the CRDC.
#He also said he wished to “invoke the Article 28 jurisdiction” because the habeas corpus jurisdiction was “not adequate” given the circumstances of the case.
#“In the UK and other Commonwealth countries the Habeas Corpus Act has been repealed and new ones have been enacted in the 19th century which provide for true sufficiency of return and merit of whether the return is sufficient to be investigated by the court on the hearing of a habeas corpus application,” he explained.
#“In view of the fact that the Bahamas has not seen fit to repeal and replace its17th century Habeas Corpus Act, the adequacy of relief can be bolstered by the invocation of Article 28 jurisdiction under the Constitution, so the trial can be conducted exercising both jurisdictions.”

Adriana Maria Caro, 22, was said to have been onboard a Cuban vessel that was intercepted by Cuban, Bahamian, Turks Island and US Coast Guard officials in early March. According to court documents, for some “unknown reason” there was an accident on Cay Sal Bank and the boat exploded and sank.

While Peter Joseph, the officer-in-charge of the Carmichael Road Detention Centre, said he believed Mrs Caro died along with others onboard the ill-fated vessel, relatives and legal counsel of the woman said they believe she is being detained at the CRDC “for reasons known only” to Immigration authorities.

In May, Senior Justice Bernard Turner granted, Fred Smith, QC, leave to issue a writ of habeas corpus against Immigration Minister Elsworth Johnson, Immigration Director Clarence Russell and Mr Joseph, who are the respondents in the matter.

During the proceedings yesterday, Mr Smith said he wished to file an Article 28 motion because he did not believe the return from the respondents was sufficient to proceed with the substantive hearing.

Mr Smith said he was seeking an order for the production of any and all papers and documents that may be in possession of the respondents relating to all of the persons who were taken into their custody from the vessel that Mrs Caro was on when she and others were taken into custody by members of the Royal Bahamas Police Force and the CRDC.

He also said he wished to “invoke the Article 28 jurisdiction” because the habeas corpus jurisdiction was “not adequate” given the circumstances of the case.

“In the UK and other Commonwealth countries the Habeas Corpus Act has been repealed and new ones have been enacted in the 19th century which provide for true sufficiency of return and merit of whether the return is sufficient to be investigated by the court on the hearing of a habeas corpus application,” he explained.

“In view of the fact that the Bahamas has not seen fit to repeal and replace its17th century Habeas Corpus Act, the adequacy of relief can be bolstered by the invocation of Article 28 jurisdiction under the Constitution, so the trial can be conducted exercising both jurisdictions.”

 

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