THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA

MEDIA STATEMENT – CASE HEARING IN SUPREME COURT OF APPEAL
 
Nelson Yester Pablo Garrido v The Director of Public Prosecutions Witwatersrand Local Division and Others

Supreme Court of Appeal - 177/05 Hearing date: 30 August 2006
Judgment date: 28 September 2006

Extraditon – enquiry under 59, Act 67 of 1962 – respondent can adduce evidence on issues relevant under s 11


Media Summary of Judgment

The Supreme Court of Appeal today upheld an appeal brought by a Cuban national, Nelson Yester Pablo Garrido, against an order made in the Magistrate’s Court, Randburg, committing him to prison to await the decision of the Minister of Justice with regard to his extradition to the United States of America so that he can stand trial there on charges relating to his alleged involvement in a conspiracy to import narcotics into the United States.

The Supreme Court of Appeal, in a judgment written by Judge of Appeal IG Farlam, and concurred in by Judges of Appeal E Cameron and VM Ponnan, held that the magistrate had failed to observe the procedural requirements of audi alteram partem (hear the other side) by refusing to allow the appellant to testify at the extradition enquiry after the preliminary objections to the extradition application raised by his counsel had been dismissed.