CCJ Begins Hearing Appeal in Extradition Case of Attorney Andrew Bennett

This morning at 10:00 a.m., the Caribbean Court of Justice (CCJ) commenced hearing a pivotal appeal in the extradition case of Belizean attorney Andrew Avelline Bennett,a case that has drawn intense regional scrutiny for its constitutional questions and evidentiary challenges.  At the CCJ this morning, KC Fitzgerald, representing Bennett, reiterated that the WhatsApp messages in question were illegally obtained without prior judicial authorisation, thus violating fundamental rights and undermining the evidentiary basis for extradition. Justices, including Justice Winston Anderson, pressed Fitzgerald on whether the right to privacy claim could stand under established extradition jurisprudence.

Prosecutors for the United States and Belize’s Attorney General’s Chambers countered that the communications were lawfully obtained through a consenting party and that, in any event, alternative admissible evidence remains to support the U.S. request.  Bennett’s appeal stems from a United States extradition request first sent to the Government of Belize in late 2017, after a grand jury in the United States District of Puerto Rico indicted Bennett on multiple counts of money laundering linked to alleged dealings with a U.S. undercover agent and purported narcotics-related proceeds.  According to court records, the U.S. sought Bennett’s extradition under the U.S.–Belize Extradition Treaty of March 2000, based on allegations that he agreed to launder drug proceeds, including a reported handover of US $250,000 in cash during a sting operation in Belize in 2015.  Bennett was arrested in Belize in January 2018 and subsequently released on $100,000 bail under strict conditions, including surrender of travel documents and regular reporting to police.  In the ensuing extradition proceedings before the Chief Magistrate’s Court, Bennett’s legal team raised early procedural objections, notably the absence of a properly authenticated extradition bundle and a certification by Belize’s ambassador to the U.S., as required under the Treaty.  Subsequent litigation saw constitutional challenges being argued and referred to higher courts in Belize, including questions about the admissibility of key evidence obtained by U.S. authorities, specifically WhatsApp communications, and whether such evidence was obtained in violation of Belize’s Interception of Communications Act and constitutional protections against arbitrary search and seizure. After decisions in the Belize Court of Appeal on related interception issues, the matter was elevated to the CCJ, where today’s hearing continues.  Legal analysts say the CCJ’s ruling on these issues, particularly on constitutional protections and admissibility standards, could redefine extradition procedures for the Caribbean region, influencing future cases involving digital evidence and cross-border cooperation.  Further submissions in the appeal are expected later this week.//////