'Storyteller' Morrison details his frustration in getting court award

almost 4 years in Jamaica Observer

The long-running battle of alleged Shower Posse member Richard "Storyteller" Morrison over his case for damages resulting from his wrongful extradition to the United States in 1991 is still playing out in the local court system.In an open letter to the press, which Morrison says has become necessary to bring the situation to the attention of Chief Justice Bryan Sykes and Minister of Justice Delroy Chuck, Morrison accused the court administration of deliberately holding up payment of the $3-million judgement which he was awarded in February."The things that they are doing are not procedural," Morrison said on Saturday, noting that having failed to get an appeal against the award he had signed a final judgement agreement with the court in May. However, since then he has been unable to get the court administration to complete the process."Every time I go to the registrar about it she is at a loss as to why the money has not been paid as yet. It is like it is being held up somewhere in the system, but she can't tell where and why. I had the same problem with a CD that was needed for the case to go through," he added.Morrison, who was flown to the United States in 1991 while a decision on the request from the US for his extradition was still in the local courts, and was later judged on charges which were not included in the request for his extradition when he arrived in the US, has been seeking compensation from Government for his treatment since 2013 when he was deported to Jamaica after 22 years of imprisonment in the United States.In his letter, Morrison said:"This is an open letter to the above-mentioned persons because I have written to them privately in the past, but I had gotten no response, to bring to their attention about the nefarious actions of the Supreme Court of Judicature of Jamaica which is unconstitutional, criminal, and wicked, which I have been forced to continue to suffer from 1991 to this date."In 1991 I had filed a notice of intent in the Supreme Court to appeal the illegal upholding of my extradition by the then full court of the Supreme Court. I was in the process of filing an appeal to the Court of Appeal to appeal the decision which was not authorised by law."The magistrate's order of extradition was not authorised by the then Extradition Act, which gives the magistrate the authority to order the extradition. The United States of America, the [Resident] Magistrate Court and the Supreme Court breached section 10 of the then Extradition Act, which requires physical evidence against me. None was provided by the United States of America as mandated by the then Extradition Act with the request for my extradition to the United States of America. All allegations in the request for my extradition were dismissed for lack of evidence."Around June 15, 2021, the Justice Minister Delroy Chuck announced that, 'Changes coming to Extradition Act'. One of the changes announced was the requirement of physical evidence, not hearsay evidence."The then Extradition Act in 1991 had already required physical evidence not hearsay evidence, but that requirement was ignored by the United States of America, the Sutton Street Magistrate Court and the Full Court of the Supreme Court. In 1991, it was already settled law in Jamaican jurisprudence that physical evidence is required by law to authorise extradition."Clearly, the United States of America, the Sutton Street Magistrate's Court, and the Full Court of the Supreme Court had to have known that their actions [were] in breach of section 10 of the then Extradition Act and in contravention of Court of Appeal precedent-setting case Morgan and Attorney General, decided on December 6, 1988. Proof that it was not an oversight, it was recently ignored again in the Supreme Court by the Honourable Dale Palmer in his judgement of assessment of damages issued on February 4, 2021."Even though the magistrate's order of extradition was not authorised by law, the Honourable Dale Palmer sidestepped the illegal order of extradition claim by saying, 'The order was made in an appropriate judicial proceedings.' Well not because the order was made in a judicial proceedings that it is legal. In 1991 my appeal, as afforded by section 25 of the then Constitution of Jamaica, was sabotaged by a so-called clerical error, the 'misplacement' of my notice of appeal, which resulted in my premature extradition to the United States of America before I could appeal the illegal extradition order."I am once again appealing the Honourable Dale Palmer's refusal to hear my claim of breach of the then Extradition Act and violation of my constitutional right under section 15 and 16 of the then Constitution of Jamaica. I suspect that the Supreme Court is once again attempting to prevent my appeal of the Supreme Court's illegal and unconstitutional action in 1991. The reason for my suspicion is because I filed an appeal in the Court of Appeal on February 18, 2021. Sometime in May 2021, the Supreme Court sent the file of the case to the Court of Appeal, but the CD sent was either blank or the wrong one, to this date, October 12, 2021, the Court of Appeal has written many times to the inferior Supreme Court requesting the correct CD but the inferior Supreme Court is refusing the Court of Appeal's request."The Supreme Court Judge Dale Palmer had made an award of $3 million in its judgement on February 4, 2021. To this date I have not heard from the court or the Government pertaining to payment. It seems like the registry of the Supreme Court has an unwritten policy to deprive me of any appeal or compensation that I am entitled to."If there is anything that I should have [d]one differently I would like to take this opportunity to remind the chief judge of the Privy Council's doctrine of substance over form."It amazes me how the chief judge and the justice minister can publicise their intentions of bringing Jamaica's court system within First World status in three years. How can the chief judge and the justice minister expect Jamaican citizens to believe or trust them?"I am hoping that this open letter will move them to do the right thing as required by law and the constitution and intervene and order the inferior Supreme Court to comply with the Court of Appeal's request for the correct CD in order for the appeal to go forward and stop trying to prevent the appeal to correct their wrongdoings like it did in 1991."

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