By ONIKA JAMES Tuesday, May 13 2008

Four more persons alleged to be involved in the Balram “Balo” Maharaj kidnapping/murder could face extradition to the United States soon.

On April 30, three Appeal Court judges gave a verbal ruling and dismissed the appeals of Sgt Leon Nurse, Cpl Ricardo De Four, Kevon Demerieux and Zion Clarke.

Yesterday, Justices of Appeal Margot Warner, Wendell Kangaloo and Allan Mendonca, gave their written judgment which brings the men a step closer to being extradited.

The men and nine others are wanted by the US Justice Department for the death of Maharaj who was abducted and killed while vacationing in Trinidad and Tobago.

Chief Magistrate Sherman Mc Nicolls, had ordered that the four be extradited to the US but they challenged the decision and filed an application for a writ of habeas corpus. According to the document the judges failed to accept all the grounds of appeal from the accused.

In addressing the submissions of Clarke and Demerieux, the Appeal Judges said, “according to the records of the case appellants, Clarke and Demerieux, were recruited by other conspirators to guard Balram Maharaj. He was handed over to them blindfolded and with duct tape over his mouth. They guarded him for several days, while the ransom negotiations were undertaken by others. Balram Maharaj however, died in their custody.”

In the case of Demerieux the record refers to a confessionary statement said to have been given by him. One of the statements he is alleged to have made is: “Zion Clarke updated Kevon Demerieux on the status of the ransom negotiations telling him that they were having trouble getting money from the man’s family.”

The Judges also said “the appellant Clarke is alleged to have given a statement in which he admitted: “on or about April 7, 2005 conspirator ‘I’ told Zion Clarke that he needed to get a recording of Balram Maharaj’s voice for use in the ransom negotiations. Conspirator “I” told Zion Clarke that Balram Maharaj’s nickname was ‘Balo’

These are examples of the evidence in the records of the case that establish the requisite knowledge on the part of the appellants. For these reasons we dismissed the appeals with costs. Eight of the 13 persons wanted for Maharaj’s death, have already been extradited to the US. Police sources told Newsday that with the written judgment FBI agents could be sent to collect the men in a matter of days.

Former soldier Jason Errol Percival, Russell “Saucy” Joseph, and Winston Gittens stood before Judge John D Bates in the District Court, for the District of Colombia.

They pleaded guilty to the charges of hostage taking resulting in death, and conspiracy to commit hostage taking resulting in death. They are yet to be sentenced.

David Suchit, pleaded not guilty and took his case before a grand jury. He was found not guilty and returned to Trinidad.

Kevin Nixon, Anderson Straker, Christopher Sealey, and Wayne Pierre, are still awaiting trial in the US, while Ricardo Stephenson, Kenneth Pierre and Doreen Alexander Durity are yet to be indicted.

In April 2005, Maharaj a naturalised American citizen of Trinidadian heritage, returned to his native land to visit his family. According to the US Government’s evidence, the ordeal began for Maharaj when, on April 6, 2005, he was seized by gunmen at Samaan Tree Bar.

Maharaj, 61, suffered from poor health and was held hostage under very harsh conditions, including depriving him of essential medication, while his abductors demanded a TT $3 million ransom from his family. Maharaj’s dismembered and badly decomposed body, was located in the Santa Cruz forest on January 8, 2006.