Not valid:Court of Appeal makes 'landmark ruling' in deportation case
Created : 25 June 2017
Deportation order made for US citizen, Kwane Abayomi was null and void-Court of Appeal
The Court of Appeal ruled on Friday that the deportation order made for US citizen, Kwane Abayomi in the St Andrew Parish Court two years ago was null and void.
The court agreed with submissions made by attorney Able-Don Foote that the parish judge did not have the legal authority to make a deportation order for the offence for which Abayomi had pleaded guilty.
In an interview with our news centre, Foote described the outcome of the case as a landmark ruling.
Abayomi pleaded on July 1, 2015 to the offence of overstaying in Jamaica in breach of the Aliens Act.
Chief parish judge, Judith Pusey sentenced Abayomi to a fine of five thousand dollars or 30 days' imprisonment and also made a recommendation order to the minister that he be deported.
Abayomi was deported but still pursued his appeal.
It was alleged in the parish court that Abayomi was wanted for offences in the United States which were not offence for which he could be extradited under the extradition laws of Jamaica.
The successful ground of appeal which was argued by Foote was that the recommendation for deportation was not in accordance with the Aliens Act therefore it was null and void and of no effect.
Foote submitted that the offence of overstaying is not an offence for which a parish judge has the authority to recommend deportation.
The prosecution was represented by the director of public prosecutions Paula Llewellyn and deputy director, Karen Seymour- Johnson, who abandoned their submissions and conceded that the judge erred.
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