Exclusive: Murder suspect could be extradited from UK

Heading home for trial? The extradition of Patrick Stamp would be a major coup — and a first — for prosecutors in Bermuda. *Photos of anonymous prisoner and UK map by iStock, Westgate background by Nicola Muirhead, photo montage by Gary Foster Skelton

A murder suspect looks set to be flown back to Bermuda after a UK court ruled in favour of prosecutors.

Patrick Stamp is accused of being involved in the murder of Malcolm Augustus, who was shot dead in St George’s on Christmas Day, 2012.

A second man, Wolda Gardener, is currently in custody awaiting trial after denying similar murder charges in the same case.

Mr Stamp has been in the UK for the past year fighting extradition efforts by Bermudian and British prosecutors to bring him back to the island to face trial.

The 29-year-old, who remains on bail in the UK, challenged his extradition on two grounds.

Firstly, his legal team claimed the evidence presented to them does not disclose a case to answer.

Secondly, they said Mr Stamp’s detention at Westgate would ‘expose him to ill treatment’ contrary to article three of the European Convention of Human Rights and therefore extradition would infringe his Convention rights.

But last week at Westminster, District Judge Nicholas Evans ruled against Mr Stamp’s legal team. 

He said: “I am satisfied there is a case to answer on count 1, premeditated murder, and that Mr Stamp’s extradition is compatible with his Convention rights.”

Meanwhile, a spokesperson for the Crown Prosecution Service in London told the Bermuda Sun: “The court has ordered the extradition of Patrick Stamp and it will now go to the Home Secretary to consider.

“As always, the defendant has rights of appeal and I would not want to give a timeline for the extradition process at this time.”

The Bermuda Sun understands that Mr Stamp has 28 days to appeal against the decision of the District Judge.

If this does not happen, the case will be sent to the Home Secretary Theresa May to make the final order. 

“At the conclusion of extradition proceedings Mr Stamp, who hails from St George’s, must be extradited within 28 days.

Court documents seen by the Bermuda Sun suggest this is the first request for extradition from Bermuda since the coming into force of the Extradition Act 2004 and ‘indeed maybe even longer than that’.

Mr Augustus, 21, was shot in the first minutes of Christmas Day in 2012 and died from his wounds.

He was killed at the far end of the St George’s Golf Course next to the intersection of Park Road and Anchorage Lane.

Wolda Gardner was arrested soon after the murder while Mr Stamp left the island.

Police revealed on April 23 that Stamp had been arrested in connection with the murder. He appeared at Westminster Magistrates’ Court May 1 and chose to challenge extradition proceedings that were filed in a bid to bring him back to the island to face trial.

A police spokesman said: “The Bermuda Police Service can confirm that 28-year-old Patrick Stamp of St. George’s appeared in Westminster Magistrates’ Court, London, UK on Wednesday, May 1, regarding an extradition request in relation to the murder of Malcolm Augustus on 25th December, 2012.

“Mr. Stamp elected to challenge the extradition request, and therefore extradition proceedings in the UK courts will commence in due course.”

In late April 2013 Mr Gardner pleaded not guilty to the murder of Mr Augustus during the Arraignments Session at Supreme Court. 

He denied charges of premeditated murder and using a firearm to commit an indictable offence.