A former Cuban spy living in South Africa could be sent to the United States for trial after his application to prevent his extradition was dismissed in the Johannesburg High Court on Monday.
In April 2003, the Randburg Magistrate’s Court ruled and ordered that on the evidence before the court, Nelson Yester Garrido be extradited to the US. He has been in custody since April 2002.
The US had requested that Garrido be extradited to stand trial on drug-trafficking charges.
It was unsuccessfully argued on Monday that the matter be returned to the Randburg court.
The High Court dismissed the application with costs. Unless Garrido appeals the ruling, he will be sent to the US for trial.
Garrido was arrested at his Hyde Park, Johannesburg, home in April 2002.
He earlier appeared in court where he unsuccessfully requested bail pending the ruling on whether he should be extradited to Miami, Florida, on charges including conspiracy to import, possess and distribute narcotics.
A document sent to South Africa in support of the extradition request alleged there had been a plan to import drugs by a submarine running between South America, the US and the former Soviet Union.
Garrido’s counsel, Laurence Hodes, previously claimed — during the hearing to establish whether Garrido should be extradited under a five-year-old Interpol warrant — that the main witness had admitted fabricating evidence.
He said the man, who stood trial separately, made the admissions in newspaper reports.
Hodes has disputed state advocate Clifford McKelvey’s estimate of the value of the narcotics involved, saying that another accused was sentenced in connection with only R300 000-worth of drugs after a plea-bargain.
McKelvey previously said the estimated value of the narcotics involved was R120-million. — Sapa