The row between the family of the former premier, Michael Misick, and the British and TCIG Governments – over his detention in a Brazilian jail – has continued this week. 

The family has restated it believes there are flaws in the legality of the case for detaining the former Premier under an extradition request filed by the Attorney General. They say his continued detention in Brazil is entirely unnecessary because he wishes to return to the TCI. 

The dispute appears to be about whether the British Government and TCIG are being transparent about what may have gone on behind the scenes in relation to the complex extradition process.  

 

 The Misick family are disputing the Attorney General’s assertion that the request was made lawfully and properly – and say they can point to evidence suggesting it wasn’t.  The Misick family claims the AG’s correspondence was riddled with half truths and innuendoes. They allege, for example, it was represented to the Brazilian courts that Mr Misick escaped lawful custody after he was charged with offences of Conspiracy to receive bribes and with conspiracy to defraud.

In fact, they point out, Mr Misick was never charged with anything before his departure from the TCI.  The family dismisses the AG’s assertion that Mr Misick can consider whether he wishes to return home voluntarily after the UK has formally requested his extradition. The family claims the former premier is being detained by the Brazilian Authorities at the AG’s pleasure. 

It is folly, insist the Misicks, to pretend the extradition application had to be completed before arrangements could be made for him to return home.  All the AG has to do – say the Misicks – is rescind the warrants he caused to be put in place.  If that happened Michael Misick could be released by the Brazilians to the custody of his lawyers and SIPT officers – so that he could board a pre-arranged direct flight to the TCI. 

According to the family, The AG had the power to get the politician home within 24 to 36 hours. There were no legitimate security concerns in lifting the warrants. Michael Misick could fly on a direct flight from Brazil, stopping only to refuel in the BVI – a British Overseas Territory.

The circumstances surrounding Michael Misick’s detention are a “set up” – claim the Misick family. They demand their kinsman should be given a fair trial by jury of his peers. You can read the statement in full on the RTC website.