U.S. fugitive to be returned to face fraud charges [1]
Thursday, September 15, 2016 - 20:05. Updated on Thursday, September 15, 2016 - 20:05.
American fugitive Antone Thomas Pedras (64) will be returned to the United States to stand trial on multiple counts of wire fraud, after the Appeal Court in Nuku’alofa ordered him to voluntarily surrender himself into custody to be returned to the USA, in a judgment delivered on Wednesday, 14 September.
Also known as Chris Pedras or Christopher A.T. Pedras, he is alleged to have defrauded investors of more than USD$5 million.
Pedras faces 11 charges of wire fraud and the U.S government had applied under the Extradition Act (Cap.22) (the Act) for his extradition home to stand trial.
The application succeeded. On April 19 this year the Magistrates' Court made an order for his committal for extradition under section 9(4) of the Act.
However, Pedras applied for habeas corpus and Lord Chief Justice Paulsen granted the application. The Chief Justice found that the offence in which he is accused in the U.S is not a relevant offence for the purpose of section 3 of the Act. He set aside the committal order and directed his release from detention.
The Crown then appealed against the Lord Chief Justice’s decision.
Disagreed
The Appeal Court judges in their judgment read out in court with Pedras present said they respectfully disagree with the Lord Chief Justice's reasoning and conclusion on this issue.
"It is the case, as he says, that the offence of obtaining by false pretences under section 164 requires proof that the accused obtained for himself or another money, valuable security or other things. It is also the case that obtaining a benefit is not an element of the offence of wire fraud under s.1343.
"However, it happens that in this case the allegation is that what was transmitted by wire was in nine of 11 counts, money which flowed from the bank accounts of investors to bank accounts controlled by Pedras. The conduct which is relied on to prove an essential element of the offence in the U.S. is evidence of an essential element of an offence under s164 of Tonga’s Criminal Offences Act.
"We see no reason why this conduct should be excluded from consideration for the purpose of deciding whether the offence of which Pedras is accused is a relevant offence."
The Court explained as section 5(1) indicates, it does not matter how the offence is described. What is relevant is what the offending is. The requirements of s5(1) are satisfied because the conduct that constitutes the offence in the U.S (and no more) is an offence in Tonga punishable by more than two-years imprisonment.
The Appeal Court concluded that Lord Chief Justice erred in finding that the offence in which Pedras is accused of in the U.S. is not a relevant offence under the Act.
As a result, the orders made setting aside the order committing Pedras to custody for return to the U.S. to stand trial and releasing him from detention are quashed. The orders made in the Magistrates' Court will consequentially be restored. The respondent must accordingly forthwith surrender himself into the custody, ruled the Appeal Court.
Pedras who has been married to a Tongan subject since 2000, arrived in Tonga in January of that same year.
This is the end of numerous hearings regarding this case.