A SCOTS couple who have four children face the possibility of prison and extradition to America next month despite having not stood trial in a court for the crime of which they are accused.
In a case that highlights the controversial impact on British justice of the post-9/11 extradition treaty signed between the UK and the US, Brian and Kerry Howes of Bo’ness, West Lothian, are facing extradition to America on allegations of supplying chemicals over the internet in a conspiracy to produce crystal meth.
The couple, who deny the charges, face a preliminary extradition hearing at the high court in Edinburgh on January 14. They fear they will be remanded in custody and their four children will go into care ahead of their removal to America.
Under the terms of the treaty, the US can apply to have someone extradited without any trial taking place in the UK. On signing the Extradition Act 2003, the then home secretary, David Blunkett, removed the obligation on US law enforcement agencies to present British courts with prima facie evidence of criminality. Thanks to the Royal Prerogative, the treaty became law without parliamentary debate, which means that the US must only provide “written information” relating to an alleged wrongdoing.
Crystal meth - a form of amphetamine that has been crystallised so that it can be smoked - is a highly dangerous and addictive drug that has pervaded the poorer sections of American society for the past 20 years. Pseudoephedrine, iodine and red phosphorus are the three main chemicals required to make the drug, which produces a high that may last 12 hours or more.
Brian Howes - an amateur pyrotechnician who sold chemicals in the UK legally - denies that he and his wife broke the law by selling iodine and red phosphorus through their internet business. But federal prosecutors at the Drug Enforcement Agency in Arizona allege they were part of a drugs racket supplying a global network of meth labs in the United States, Europe, Australia, New Zealand, and other countries.
Howes said their children will have to go into care if they are remanded in custody and that his wife, Kerry, is 23 weeks pregnant and faces giving birth to their fifth child on a chain gang in Arizona. “We just want a fair trial in the UK but that is not going to happen as the extradition treaty replaces the word evidence’ with information’ - and information is accepted as true, that is the wording of the act. We have no faith in these proceedings as the files from our previous solicitors have not arrived with our current solicitors after three months, so no defence has been able to be mounted.
“In England, people are bailed right up to the House of Lords and then the European Court of Human Rights (ECHR), but we will be remanded during or after the high court hearing in Edinburgh. We need help with a fund to fight in the ECHR and then we may have a chance of bail. The Scottish legal aid system does not pay for this - in England it is even afforded to people who have confessed to a crime.”
Brian Howes Family
While a passionate debate raged across Britain about the 42-day limit for terror suspects, Brian, 44, and, Kerry-Ann, 30, previously spent 214 days on remand in prison, a detention that lasted five times longer than the proposed terror suspect threshold passed by the House of Commons in June but recently rejected by the House of Lords.
People can be held on remand indefinitely under the extradition treaty.
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