Privy Council refuses appeal in Guppy extradition case

Shurlan Guppy -

SUSPECTED drug trafficker Shurlan Guppy was denied permission to appeal to the Privy Council in his challenge to his extradition to the United States to face 11 charges related to heroin and cocaine trafficking valued at about US$1 million.

Guppy’s special leave application to the court in London for permission to appeal was dismissed on December 18, by Lords Lloyd-Jones, Leggatt and Stephens. The judges noted that the application did not “raise a point of law which is arguable or of general public importance.”

They also noted that there was no appeal as of right while ordering Guppy to pay the state’s costs, with the amount to be assessed if not agreed upon.

Guppy, who faces a maximum possible sentence of life imprisonment, with a mandatory term of 10 years’ imprisonment, if convicted of all the charges, was arrested at his home in Goodwood Park, Westmoorings, on September 25, 2023, and later extradited to the US on August 5, after several legal challenges in the High Court and Court of Appeal.

In addition to seeking permission to appeal in the Privy Council, Guppy has also asked the High Court to order his return to TT.

In a constitutional motion being heard by Justice Jacqueline Wilson, Guppy’s attorneys argue that despite an undertaking from state attorneys not to proceed with extradition during the 56-day appeal window, Guppy was sent to the US while his case was still before the UK court.

Guppy claims the State breached his rights under the Extradition (Commonwealth and Foreign Territories) Act and violated its undertaking. He is seeking declarations, compensation, and vindicatory damages, as well as an order for his return to TT.

At a High Court hearing on November 6, Guppy’s attorney, Mario Merritt, joined by Alexia Romero, Randall Raphael, and Enrique Singh, objected to the State’s request for an adjournment. State attorney Ian Roach, led by Senior Counsel Ian Benjamin and the head of the Central Authority, Sheriza Khan-Heinz, suggested the court wait for a decision from the Privy Council on the special leave application.

Roach argued that Guppy’s extradition occurred after the 56-day period expired and that an order compelling his return was “not possible.” Merritt countered that the State’s actions showed “complete disrespect for the rule of law,” saying Guppy was removed “in the dead of night” while his Privy Council appeal was active.

Roach rejected that description, saying Guppy’s removal was lawful and conducted after the undertaking had lapsed. He said any finding of unlawful extradition could result only in damages, not repatriation. Merritt disagreed, citing a Jamaican precedent where that government successfully sought the return of a citizen extradited before appeal completion.

Justice Wilson adjourned the matter to January 26, 2026, pending updates on the Privy Council proceedings, saying it was practical to await the higher court’s ruling before giving further directions.

Guppy had been under investigation by the US Drug Enforcement Administration’s Philadelphia Division since 2019, a statement from the US Attorney’s Office for the Eastern District of Pennsylvania said.

He first appeared in court in the Eastern District of Pennsylvania on August 12 and is detained in federal custody.

The indictment against Guppy in the US court alleges that from approximately 2017 to July 2022, in the Eastern District of Pennsylvania, the District of Delaware and elsewhere, Guppy conspired with others to distribute bulk amounts of various controlled substances, including heroin and cocaine.

The indictment further alleges that Guppy distributed such controlled substances in person and by other means, including through various delivery services in exchange for cash.

Guppy and the others communicated with each other in person and via cellphones, the indictment alleges, sometimes on FaceTime and through the encrypted internet/phone application WhatsApp, to discuss pricing, availability, and delivery and payment arrangements for controlled substances, sometimes using coded language to describe their drug trafficking activities.

In Trinidad, Guppy maintained claims of entrapment, bad faith, selective prosecution and disproportionate interference with his family life in his extradition proceedings. These were rejected by the High Court and the Appeal Court.