Judge may rule on dismissal motion this week
Kevin Wilson
Northern News Services
Yellowknife (May 28/01) - Lothar Ebke's extradition hearing is practically all over, save for the decisions.
Both the Crown, acting on behalf of the Federal Republic of Germany, and Ebke's lawyer, Wes Wilson, completed their submissions to Mr. Justice John Vertes Friday afternoon.
Vertes said he may rule on a defence motion to stay proceedings this week, but will not give a decision on whether there are grounds to extradite Ebke until late July.
When the hearing opened Tuesday, Wilson made a motion to have the extradition proceedings stayed on grounds that Ebke's arrest was unconstitutional.
He argued that because Ebke was not formally charged in Germany, his arrest and detention have violated Canada's Charter of Rights and Freedoms.
Crown Attorney Wes Smart, contended that Ebke's arrest and detention was, "not a contradiction of fundamental justice...bearing in mind the safeguards built into the process."
Wilson said that police erred by not seeking assurances that "reasonable and probable grounds," existed that Ebke had committed the crimes he is suspected of by the Germans.
"All (Cpl. Susan Munn, the arresting officer) had to do was pick up the phone and say...are there reasonable and probable grounds...also...do you intend to charge him," Wilson told the Court.
Ebke has not been formally charged with any offences in Germany. According to Wilson, he is wanted for "further investigation."
Early Friday, defence lawyer Adrian Wright sought standing before the hearing on behalf of Regina Pfeifer, Ebke's business and common-law partner. Pfeifer wants items returned that were seized during the police investigation and are not relevant to the extradition proceedings.
