Extradition ruling for murder suspect Dean Jay Fletcher [1]
Friday, February 3, 2017 - 19:49. Updated on Friday, February 3, 2017 - 19:50.
A US court in Hawaii has found that Dean Jay Fletcher, an American citizen charged with the murder of his wife in Tonga, is extraditable for each of the offences in which the Government of Tonga had applied for his return to Tonga.
The United States District Court for the District of Hawaii issued a Certification of Extraditability and Order of Commitment for Fletcher who escaped from police custody in Vava'u last year.
Tonga’s Acting Attorney General and Director of Public Prosecutions ‘Aminiasi Kefu who received the Certification Order today, 3 February, told Matangi Tonga that the new U.S Secretary of State will have to give final approval before April 1 this year.
He said this is unless Fletcher applies for habeas corpus on basis that the court order is unlawful, then the court process continues.
Fletcher who remains in the custody of the U.S Marshals is accused of murdering Patricia Linne Kearney, a Canadian, in July 2016 on their yacht Sea Oak in Vava'u.
Probable cause
On January 10 this year, this Court held an extradition hearing regarding the Government of the Kingdom of Tonga’s request to extradite Fletcher to stand trial for the offences of murder, manslaughter and inflicting grievous bodily harm on his wife, in violation of Tonga’s Criminal Offences Act.
S Kenneth J Mansfield the United States Magistrate Judge who issued the Certificate Order on 1 February in Honolulu, stated that a certification of extradition may be based entirely on the authenticated documentary evidence and information provided by the requesting government, including reports and affidavits summarising the evidence of statements.
The accused does not have the right to introduce evidence in his defense because that would require the government seeking his extradition to go into a full trial on the merits in a foreign country.
The extradition package had also included sworn statements of three eyewitnesses who observed Fletcher assaulting his wife.
These witnesses testimony establishes probable cause that Fletcher assaulted his wife, either intending to cause her death or intending to cause her bodily injury, which he knew was likely to cause death.
It is alleged that Fletcher had strangled her on the neck on their yacht.
“In sum, the evidence provided by Tonga and received into evidence establishes probable cause that Fletcher committed the offenses of murder with intent, murder by recklessness, manslaughter, and grievous bodily harm.”
Findings
Based on the foregoing findings, the U.S District Court concluded that Fletcher is extraditable for each offence for which extradition was requested, and certified this finding to the Secretary of State as required under Title 18, United States Code §3184.
"It is therefore ordered that the Clerk of the Court deliver to Assistant United States Attorney a certified copy of this Certification of Extraditability and that the Clerk forward certified copies of the same to the Secretary of State (to the attention of Legal Adviser) and the Director at the Office of International Affairs, Criminal Division, U.S Department of Justice in Washington DC for the appropriate disposition."
It was further ordered that Fletcher be committed to the custody of the United States Marshals pending trial disposition of this matter by the Secretary of State.
Proceedings
Fletcher had initially appeared before this Court on November 22, 2016.
On November 25 the United States filed a Memorandum of Law, and Request for Detention Pending Extradition Proceedings.
The Court held a detention hearing on December 1, at which Fletcher submitted to detention pending further proceedings.
On December 13, 2016, the United States filed a Notice of Receipt of Extradition Request, representing that, according to the U.S. Department of State, the Government of the Kingdom of Tonga had timely delivered, through diplomatic channel to the United States Embassy in Suva, Fiji, a request for the extradition of Fletcher on December 6, 2016, among other proceedings.