Time runs out!
Family await appeal verdict
Published Date: 06 June 2008
A COCKROACH-INFESTED cell in a tough Arizona jail could be home to Bo'ness businessman Brian Howes for three years as he awaits trial in the United States.
This week, Scottish justice minister Kenny MacAskill gave his approval to demands that Mr and Mrs Howes should be extradited to the United States.
Mr Howes is appealling that decision. If the appeal fails he could be in an American jail within 28 days.
The father of six then faces a lifetime behind bars if claims he illegally supplied chemicals which are used to create the deadly illegal drug crystal meth are substantiated.
Also facing a miserable future is Mr Howes' bride of three months, Kerry-Ann Howes (30).
Mr Howes (44), of Bridgeness Road, told the Journal: "I don't think either Kerry-Ann or myself is strong enough to withstand the Arizona penal system which is said to have the worst human rights record in the United States.
"Temperatures hit 140° Fahrenheit, there are chain gangs and racism. Saughton prison, where I spent seven months on remand, is a holiday camp in comparison!"
The couple, who have no funds, will have to rely on a public defender to plead their case in the US. That could mean a three-year wait before their case goes to trial.
"Cases taken by the public defender, the equivalent of our legal aid system, are seen as low priority," said Mr Howes.
"I have it on good authority that, if I had £30,000 to pay our legal costs then, if our appeals fail and we're extradited, the case could be heard within a year."
Mr Howes said he did not blame the justice minister for signing the extradition warrant.
"My information is that he was sympathetic towards us but that it was not in his power to refuse," he said.
Mr Howes insisted no firm evidence has yet been produced to link his businesses with the production of crystal meth in the United States.
He said: "I have asked Kenny MacAskill and Alex Salmond if they would, in an independent Scotland, support an extradition treaty that can see people stand trial without prima facie evidence. I have not had a reply from either of them."
He went on: "I can't envisage the damage extradition would do to our whole family.
"Our two youngest children would be take into care and the elder two would also be farmed out. As it is, my bail conditions prevent me from seeing my two children in England."
Mr and Mrs Howes face 82 charges of supplying chemicals over the internet to people believed to be involved in producing methamphetamine, commonly known as "crystal meth".
The couple were arrested in January 2007 by officers from Central Scotland Police acting on behalf of the US Drug Enforcement Agency.
At Edinburgh Sheriff Court in April, Sheriff Isabella McColl said she was satisfied the US request met the requirements of the Extradition Act. The court heard claims that chemicals supplied by the couple were traced to more than 80 illegal laboratories in the US.
The court was also told that, between August 2004-06, the couple's business was alleged to have supplied 653lb of red phosphorous and 97lb of iodine to the US.
Use of methamphetamine can lead to depression, paranoia, violent behaviour, kidney failure and internal bleeding.
Mr Howes has a son, Ryan (11), and daughter, Jessica (9), in England from a previous relationship.
He and Kerry-Ann, who were married in Bo'ness Registry Office just days before they learned that they were to be extradited, have two children, Ellie (5) and Leela (2).
Mrs Howes has two daughters, Denni (10) and Bethany (9) from a previous relationship.
Technorati Tags: brian howes, kerry howes, extradition, unfair extradition, justice minister, Mr Howes is appealling that decision. If the appeal fails he could be in an American jail within 28 days.
The father of six then faces a lifetime behind bars if claims he illegally supplied chemicals which are used to create the deadly illegal drug crystal meth are substantiated.
Also facing a miserable future is Mr Howes' bride of three months, Kerry-Ann Howes (30).
Mr Howes (44), of Bridgeness Road, told the Journal: "I don't think either Kerry-Ann or myself is strong enough to withstand the Arizona penal system which is said to have the worst human rights record in the United States.
"Temperatures hit 140° Fahrenheit, there are chain gangs and racism. Saughton prison, where I spent seven months on remand, is a holiday camp in comparison!"
The couple, who have no funds, will have to rely on a public defender to plead their case in the US. That could mean a three-year wait before their case goes to trial.
"Cases taken by the public defender, the equivalent of our legal aid system, are seen as low priority," said Mr Howes.
"I have it on good authority that, if I had £30,000 to pay our legal costs then, if our appeals fail and we're extradited, the case could be heard within a year."
Mr Howes said he did not blame the justice minister for signing the extradition warrant.
"My information is that he was sympathetic towards us but that it was not in his power to refuse," he said.
Mr Howes insisted no firm evidence has yet been produced to link his businesses with the production of crystal meth in the United States.
He said: "I have asked Kenny MacAskill and Alex Salmond if they would, in an independent Scotland, support an extradition treaty that can see people stand trial without prima facie evidence. I have not had a reply from either of them."
He went on: "I can't envisage the damage extradition would do to our whole family.
"Our two youngest children would be take into care and the elder two would also be farmed out. As it is, my bail conditions prevent me from seeing my two children in England."
Mr and Mrs Howes face 82 charges of supplying chemicals over the internet to people believed to be involved in producing methamphetamine, commonly known as "crystal meth".
The couple were arrested in January 2007 by officers from Central Scotland Police acting on behalf of the US Drug Enforcement Agency.
At Edinburgh Sheriff Court in April, Sheriff Isabella McColl said she was satisfied the US request met the requirements of the Extradition Act. The court heard claims that chemicals supplied by the couple were traced to more than 80 illegal laboratories in the US.
The court was also told that, between August 2004-06, the couple's business was alleged to have supplied 653lb of red phosphorous and 97lb of iodine to the US.
Use of methamphetamine can lead to depression, paranoia, violent behaviour, kidney failure and internal bleeding.
Mr Howes has a son, Ryan (11), and daughter, Jessica (9), in England from a previous relationship.
He and Kerry-Ann, who were married in Bo'ness Registry Office just days before they learned that they were to be extradited, have two children, Ellie (5) and Leela (2).
Mrs Howes has two daughters, Denni (10) and Bethany (9) from a previous relationship.
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