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- The Constitutional Court reserved judgment in a matter between the Western Cape DPP and fugitive Lee Nigel Tucker.
- Tucker has been on the run from child sex charges in the United Kingdom.
- The UK government learnt of his whereabouts 15 years after his disappearance.
Judgment has been reserved in an application by the Western Cape Director of Public Prosecutions (DPP) appealing part of an order of the Western Cape High Court with regard to the extradition of fugitive Lee Nigel Tucker.
High Court Judge Mark Sher had previously ruled that Tucker's matter should be referred back to a Cape Town magistrate, to hear evidence relating to surrender.
However, the DPP approached the Constitutional Court to request the disputed part of the order to be set aside.
It submitted that the "fair trial right" does not fall within the remit of the magistrate, adding that these may be considered for the first time by the minister of justice.
In heads of arguments, the DPP said there was now a "confusion" over processes that needed to be followed and "there is now a practical delay and impasse, with no indication of when or how this will end - all of which calls for urgent resolution".
Advocate David Damerell appeared on behalf of the DPP during Tuesday's hearing.
He said Tucker was "entitled to make representation to the minister".
Tucker has been on the run from child sex charges in the United Kingdom.
READ | UK man living in Cape Town declared a 'fugitive from justice'
The offences were allegedly committed in South Wales in the late 1980s and early 1990s.
Tucker was convicted in Swindon Crown Court in 2000 and fled while out on appeal.
He was sentenced in absentia to eight years, but that sentence was overturned on a technicality. His retrial on more than 40 charges was then ordered.
More than 15 years after his disappearance, the UK government learnt of his whereabouts in South Africa.
It requested a provisional arrest by the South African authorities.
He made a living in South Africa as a pilot and an instructor, News24 previously reported.
While on the run, Tucker, who is now in limbo and held at the Pollsmoor Maximum Security Prison, was able to successfully appeal his conviction, which was overturned in May 2002 by the Appeals Court.
A warrant of his arrest was issued in March 2016, and an official request for his extradition was made the following month.
Tucker was brought before the magistrate's court in October 2017, where an order was issued committing him to prison, awaiting the minister's decision to surrender him to the UK.
ALSO READ | Cape Town extradition hearing for UK man wanted for child sex crimes
Advocate Anton Katz, who appeared on behalf of Tucker on a pro bono basis, said it was "inappropriate" for the high court to reopen the hearing.
Katz also said the apex court should "adopt the position that the magistrate in this case failed in his duty to comply with the rule of law and allow for Mr Tucker to adduce evidence that he wished concerning that which the minister could take into account".
In heads of arguments, Katz stated that the magistrate was under a duty to allow Tucker to lead evidence relating to his surrender during his committal proceedings.
But, he added, the magistrate failed to do so, which rendered the proceedings irregular.
