The Office of the Attorney General wishes to advise the general public on the events which led to the extradition of Sebastian Marcus Day.
On the 20th April 2018, the United States of America made a request to Saint Lucia for the extradition of Sebastian Marcus Day. The request for the extradition was made pursuant to an Extradition Treaty which was signed on the 18th April 1996 and ratified in Saint Lucia on the 4th of December 1999. Consequently, the treaty having the force of law in Saint Lucia by Regulations made pursuant to the Mutual Assistance in Criminal Matters Act, Cap. 3.03 of the Revised Laws of Saint Lucia, formed the basis for the request for the extradition of Sebastian Marcus Day.
In May 2018, the United States authorities were notified that the extradition request could not be acceded to under the Computer Misuse Act, Cap. 8.14 of the Revised Laws of Saint Lucia, passed in the year 2011. This was so, as it required a commencement order.
The facts presented revealed that the alleged offences lodged against Sebastian Marcus Day in the United States arose out of an incident which occurred on the 24th April 2014, at a house in Deland, Florida. Sebastian Marcus Day, who was an occupant of the house, admitted to being in possession of images and videos which contained child pornography.
The investigations revealed that Sebastian Marcus Day was found to be in possession of twenty-five (25) separate images and videos depicting child pornography. These images and videos were found on his computer and included “a child who is younger than the age of 5 years old, or sadomasochistic abuse involving a child, or sexual battery involving a child, or sexual bestiality involving a child, or any movie involving a child regardless of length and regardless of whether the movie contains sound”. The Criminal complaint was filed against him on the 22nd August 2014 by the Volusia County Sheriff’s Office and a felony warrant for the arrest for Sebastian Marcus Day was also signed on that same day.
Statutory Instrument No. 58 of 2018 was passed on the 6th June 2018 to give effect to the commencement of the Computer Misuse Act. We wish to state that no amendment to the Computer Misuse Act was made to accommodate this request for extradition.
Eleven months later, the United States renewed its application to Saint Lucia for the extradition of Sebastian Marcus Day in May 2019. This application was accepted by the Government of Saint Lucia. Having determined that the alleged United States offences fall under the same category of offences in the Computer Misuse Act, the Attorney General pursued the matter before the Courts referencing sections 14 (1) (b) and (c), which states:
14 (1) A person shall not through a computer system:
(b) Distribute or show the indecent photograph or pseudo-photograph of a child;
(c) Have in his or her possession an indecent photograph or pseudo-photograph of a child, with a view to such photograph being distributed or shown by himself or herself or any other person;
Investigations also revealed that Sebastian Marcus Day departed the United States on the 1st May 2014 with a scheduled return flight to the United States on the 19th May 2014. However, he did not return to the United States and continued to reside in Saint Lucia.
Having determined that he was in Saint Lucia, the Office of the Attorney General on the 29th October 2019 filed an application for a warrant of arrest of Sebastian Marcus Day, which was issued by the Learned Magistrate on the 30th October 2019. On the 4th of November 2019 Sebastian Marcus Day was arrested and brought before the Magistrate’s Court on the 6th November 2019, wherein he was granted bail subject to conditions which included reporting daily to the police station to sign the register.
The extradition hearing took place on the 20th May 2020 and the 17th June 2020. The decision of the Learned Magistrate was delivered on the 15th July 2020 whereby the application for the surrender of Sebastian Marcus Day to the United States was granted. He was thereafter committed to the Bordelais Correctional Facility to await extradition.
The Extradition Act, Cap. 2.10 of the Revised Laws of Saint Lucia provides for an application to be made within fifteen (15) days of the extradition decision to either apply for leave to appeal the decision or apply for a writ of habeus corpus.
On the 17th July 2020 Sebastian Marcus Day filed an application for Writ of Habeus Corpus in the High Court seeking to overturn the decision of the Learned Magistrate. An application for bail pending the hearing of the Writ of Habeus Corpus application was also filed.
On the 12th August 2020 the application for bail pending the hearing was heard and was dismissed by the Learned Judge. During the hearing, affidavit evidence was adduced to indicate that Sebastian Marcus Day breached the bail conditions as he stopped reporting to the police station to sign the register from the 1st April 2020.
On the 14th August 2020 the application for Writ of Habeus Corpus was heard by the Learned Judge and on the 18th August 2020 it was dismissed. A written decision was delivered. Sebastian Marcus Day remained in custody at the Bordelais Correctional Facility pending his extradition.
By order dated 31st August 2020 published in the Gazette by Statutory Instrument No. 131 of 2020, the Attorney General authorized the handing over of Sebastian Marcus Day by the Director of the Bordelais Correctional Facility to the Commissioner of Police. Arrangements having been made, Sebastian Marcus Day was handed over to the United States Marshalls on the 2nd September 2020 at 1:48pm. The United States Marshalls and Sebastian Marcus Day departed Saint Lucia on the 2nd September 2020 via a private flight at 2.28p.m.
At 3.52 p.m. on the 2nd of September 2020, new counsel representing Sebastian Marcus Day forwarded via email a Notice of Appeal together with a Certificate of Urgency and an application for a Stay of Execution of the Learned Judge’s Order. The stay application was granted by the Learned Justice of Appeal on the same date and thereafter was filed at 4.34 p.m. on the 3rd September 2020.
The stay order was served on the Office of the Attorney General via email at 11.26 a.m. on the 7th September 2020 with a returnable hearing date of the 8th of September 2020.
On the 8th September 2020, Counsel for Sebastian Marcus Day withdrew the application before the court as it was observed by the Honourable Court that proceeding with the application for the stay would be nugatory as Sebastian Marcus Day was already extradited to the United States of America and was out of the jurisdiction.
It is important to note that prior to the flight departing Saint Lucia with Sebastian Marcus Day, the Office of the Attorney General was not made aware of any application being filed, to be filed and or any order granted or requested by any Court.
As per the Extradition Treaty, all related expenses incurred as a result of the extradition were borne by the United States of America.
The Office of the Attorney General states that at all material times, due process was followed and Sebastian Marcus Day was afforded equal treatment under the law.
11th September 2020
The Honourable Stephen Julien