High Court dismisses Nimrod Tillett’s constitutional challenge; extradition case to resume – Apologizes to DPP after Judge noted him staring ‘menacingly’

By Breaking Belize News Staff: The High Court has dismissed a constitutional challenge filed on behalf of Orange Walk resident Nimrod Tillett Catzim, clearing the way for extradition proceedings requested by Mexican authorities to resume in the Belize City Magistrate’s Court.

Justice Derick Sylvester dismissed the claim on Monday after Tillett’s legal representatives acknowledged that they had been unable to obtain evidence supporting their argument that extraditing him to Mexico would violate his constitutional rights. The court made no order as to costs.

Tillett is wanted in Quintana Roo, Mexico, in connection with the alleged 2019 killing of a woman described as his former companion. Previous reports alleged that the woman’s body was discarded in a garbage container and that aspects of the incident were captured on surveillance footage.

Mexican authorities initially obtained a provisional arrest warrant against Tillett in October 2023, followed by a formal extradition request. The substantive proceedings were later interrupted after English barrister Tim Prudhoe raised questions concerning Tillett’s medical condition, the availability of specialist treatment in Mexico and conditions within the Mexican prison system.

The constitutional claim alleged that sending Tillett to Mexico could expose him to cruel and inhumane treatment, contrary to Section 7 of the Belize Constitution. The matter was consequently referred from the Magistrate’s Court to the High Court.

Director of Public Prosecutions Cheryl-Lynn Vidal, SC, told Breaking Belize News that the court established deadlines for Tillett’s attorneys to submit medical reports, witness statements and other evidence concerning Mexican prison conditions. However, several deadlines and extensions passed without the required documents being filed.

Two scheduled hearing dates were reportedly vacated because the evidence had not been submitted. Vidal said Tillett’s representatives informed the parties only last week that they had no evidence with which to substantiate the constitutional claim, but did not have instructions to withdraw or discontinue it. The issue was therefore left for Justice Sylvester, who dismissed the proceedings.

Vidal stressed that Monday’s ruling does not mean that Tillett has been ordered extradited. The High Court dealt only with the constitutional question, while the actual extradition application must now continue before the Chief Magistrate.

The State will present the High Court’s dismissal order to the Magistrate’s Court and request a date for the resumption of the extradition hearing. Tillett has not consented to surrender to Mexican authorities.

The DPP also expressed concern about the length of the delay, saying the Mexican authorities have repeatedly requested progress reports since making their request nearly three years ago. She clarified, however, that Mexico has not complained or threatened any consequences.

Rather, Vidal said the inability to report meaningful progress had become embarrassing for Belize and could reflect poorly on the country’s justice system. She maintained that the delay was caused by the claimant’s failure to file the evidence, rather than by the court, which she said had provided more than sufficient time for Tillett to substantiate his case.

Monday’s brief hearing also included an unusual courtroom intervention after Justice Sylvester observed Tillett staring “menacingly” at the DPP. The judge reminded Tillett that Vidal was acting professionally on behalf of the State and had nothing personal against him.

Tillett subsequently apologized. His extradition matter is expected to return to the Belize City Magistrate’s Court, but no new hearing date has yet been announced.

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