Three more years of torment
An anxious wait for news
A BO'NESS man this week spoke of the strain on his family as the courts considered a request for his extradition to America to face criminal charges.
Sheriff Isabella McColl has ruled that Brian Howes (44) and his wife, Kerry-Ann (30), who were married on April 1, should be extradited but the final decision lies with Justice Minister Kenny MacAskill.
The couple face an 82-charge indictment alleging conspiracy to supply chemicals which are illegal in the United States.
But with an appeal pending it could be years before the family knows its fate.
Said Mr Howes, of Bridgeness Road: "The last months have been extremely stressful for me, my wife Kerry-Ann, and my family. Our businesses have been destroyed and we have been unable to work.
"It will be at least a year before our appeal is heard in the High Court and if that fails we'll take it to the European courts.
"If that fails and we are, eventually, extradited to the United States we could face another two years on remand before appearing in court.
"If we survived two years of State Prison we could each face up to 98 years in jail if the authorities were able to prove we were involved in a conspiracy to manufacture illegal drugs.
"By that time our four children would be either in care or fostered out, possibly even adopted."
Mr Howes is adamant that he did not knowingly distribute red phosphorus and iodine to customers in the United States who were manufacturing methamphetamine, commonly known as crystal meth.
He alleges that the American authorities included the word "conspiracy" in the key charge, in the belief that it would force a reaction from their British counterparts.
And he said: "We've got no chance of a fair trial in the United States."
But Mr Howes, who is from the Cleveland area of northern England, had praise for the Scottish legal system, and particularly for Sheriff Isabella McColl.
"The Procurator Fiscal was again pushing for us to be taken into custody but Sheriff McColl was strong enough to resist that and let our family stay together," he said.
He emphasised: "We took legal advice and were told that we were not breaking any laws.
"We did not know that the chemicals were being misused.
"No evidence was ever produced to extradite us and I believe extradition without evidence is wrong. We're going to take this fight as far as we have to."
However, Detective Super-intendent Dave Duffey of Cleveland Police, who led Operation Enfield – which investigated the supply of chemicals over the internet – said: "The Sheriff's decision constitutes a significant step towards finalising the extradition process."
allan@journalandgazette.co.uk
The couple face an 82-charge indictment alleging conspiracy to supply chemicals which are illegal in the United States.
But with an appeal pending it could be years before the family knows its fate.
Said Mr Howes, of Bridgeness Road: "The last months have been extremely stressful for me, my wife Kerry-Ann, and my family. Our businesses have been destroyed and we have been unable to work.
"It will be at least a year before our appeal is heard in the High Court and if that fails we'll take it to the European courts.
"If that fails and we are, eventually, extradited to the United States we could face another two years on remand before appearing in court.
"If we survived two years of State Prison we could each face up to 98 years in jail if the authorities were able to prove we were involved in a conspiracy to manufacture illegal drugs.
"By that time our four children would be either in care or fostered out, possibly even adopted."
Mr Howes is adamant that he did not knowingly distribute red phosphorus and iodine to customers in the United States who were manufacturing methamphetamine, commonly known as crystal meth.
He alleges that the American authorities included the word "conspiracy" in the key charge, in the belief that it would force a reaction from their British counterparts.
And he said: "We've got no chance of a fair trial in the United States."
But Mr Howes, who is from the Cleveland area of northern England, had praise for the Scottish legal system, and particularly for Sheriff Isabella McColl.
"The Procurator Fiscal was again pushing for us to be taken into custody but Sheriff McColl was strong enough to resist that and let our family stay together," he said.
He emphasised: "We took legal advice and were told that we were not breaking any laws.
"We did not know that the chemicals were being misused.
"No evidence was ever produced to extradite us and I believe extradition without evidence is wrong. We're going to take this fight as far as we have to."
However, Detective Super-intendent Dave Duffey of Cleveland Police, who led Operation Enfield – which investigated the supply of chemicals over the internet – said: "The Sheriff's decision constitutes a significant step towards finalising the extradition process."
allan@journalandgazette.co.uk
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