Gary Davis is to have his appeal against his extradition heard by the Supreme Court. He is accused by the authorities in connection with charges of conspiracy to distribute narcotics, and this carries a life sentence under American law. In addition, he is also facing charges of conspiracy to commit computer hacking and money laundering. The court, therefore, said that the action could go ahead due to the fact that it raises potential points of law that are important to the general public.
Gary Davis had his extradition ordered by the high court in August 2016. The three-judge court of appeal, however, ordered a dismissal of that appeal originally. His surrender to the US authorities has therefore been put on hold until the Supreme Court considers his case.
Mr Davis extradition appeal is on the grounds that his Asperger’s syndrome is not favorable for him to succeed within the conditions of the US Prison system. Last month, Mr Davis’ lawyer in his appeal hearing said that his client lacks the “street smarts” for prison life. He further said to the court that he could face violence from gangs in the prison because his condition will make him stand out and seem odd.
What the Supreme Court Will Consider
In 2015, during his initial hearing, it was revealed that Gary Davis had an Asperger’s diagnosis. Davis has “a mild case of Asperger’s brought on by a bad case of extradition,” said Remy Farrell, representing the attorney-general. The Court, consisting of the Chief Justice Susan Denham, Mr Justice Donald O’Donnell, and Ms Justice Iseult O’Malley, during the hearing of the case said that a number of potential points of interest will be considered. This includes whether the states were constitutionally obliged to protect vulnerable persons suffering from mental illness who are also the subject of an extradition case.
In addition, the court will also consider in what situation under that duty should an extradition appeal be refused and also, whether or not his condition was so severe that law may not permit him to be extradited to the USA. The Supreme Court further added that the constitutional protection may extend to the point of stopping an extradition appeal on medical or psychological grounds. “While many cases have been cited there is not yet a definitive pronouncement on the particular circumstances,” the Court added.
Silk Road Website Managed by Ross Ulbricht
The US authorities in an extradition request said that Gary Davis was an administrator of the infamous Silk Road market using the name “Libertas”. Silk Road was launched in 2011 by American Ross William Ulbricht under the name “Dread Pirate Roberts”.
According to a report, the website facilitated the sale of illicit drugs. These include crack cocaine, cocaine, and crystal meth and hacking software. After an extensive investigation by the US authorities, Ross Ulbricht was given two consecutive sentences of life imprisonment. This has not affected new Darknet markets like Zocalo from entering the market.
The FBI revealed that Ross William Ulbricht who is a former physics and engineering students alluded publicly to his alleged criminal enterprise on his LinkedIn profile. There was a statement describing how his goals had shifted in accordance with his libertarian economic views. In his LinkedIn profile, he stated that since completing school in 2010, his attention has been on “creating an economic simulation to give people a first-hand experience of what it would be like to live in a world without the systemic use of force” of the kind imposed by “institutions and governments.” “I want to use economic theory as a means to abolish the use of coercion and aggression (sic) amongst mankind,” he added.
According to an indictment, the website had obtained nearly million users worldwide by which 30% was estimated to be based in the US. The site also generated over 9.5 million bitcoins in sale revenue, and more than 600,000 bitcoins was in commission for its owner. This, therefore, allows the website to employ a team of administrators.
The case as said by the US authorities, Gary Davis was the website administrator between June 2013 and October 2013. Davis, therefore, had an “explicit knowledge of the items for sale on the website”.
His major work on the website was dealing with queries from the website, users and the reorganization of certain items into different categories to be purchased on the websites. His involvement was revealed from information extracted from Ulbricht’s computers after the FBI arrested him.
As said by reports, Davis will plead if extradited. He told the psychologist during his hearing in the high court that his case was that of a mistaken identity. He also said that he did not know how a copy of his passport, which was found in Ulbricht’s home.
The Attorney-general had opposed the application to have his appeal heard by the Supreme Court. The court also said that Gary Davis had raised no new general importance of law.