An American woman wanted in California for theft and embezzlement has waived her right to an extradition hearing in Cayman.
In Summary Court on Wednesday, Dolly Ann Leahy signed a document by which she agreed to be placed in the custody of US or Cayman authorities for return to the US.
Leahy, 42, has been in custody at Fairbanks the Women’s Prison in Fairbanks since October. She had been on the island as a visitor.
The defendant had told the court at different times that she wanted to contest the extradition, although at one point earlier she said she would waive her right to a hearing. Over the past months she made several court appearances, during which the possibilities of legal aid or a private retainer were discussed.
On Wednesday, a second attorney advised Magistrate Nova Hall that legal aid had been refused and Leahy had been unable to raise funds. Neither he nor a previous attorney had ever been properly instructed, so the defendant was proceeding on her own.
A date was set for the hearing, but then Leahy said she would sign the waiver.
Solicitor General Cheryll Richards asked for the matter to be stood down so that she could get all of the documents in the case.
After Leahy signed the requisite form, she asked what would be the timeline for her return to the US. The magistrate said her experience with extradition was that it was done as quickly as possible.
Ms Richards then presented extensive documentation to support the extradition including an authority to proceed, issued by the Governor.
Two criteria must be met, she pointed out. The magistrate must be satisfied that the foreign warrant is properly authenticated; that the evidence produced is such as would justify committal for trial according to the laws of the Cayman Islands.
The evidence in this matter included affidavits from the deputy district attorney in Ventura County, California, Leahy’s former employer and an industrial supplier.
Ms Richards said the defendant had been employed as senior buyer at Power-One, described as a leading manufacturer of power supplies.
Leahy is accused of creating a company, buying materials and selling them to Power-One at inflated profits – in excess of a half-million dollars.
Terms of her employment included abiding by a code of conduct that prohibited any conflict of interest.
In October 2002, Leahy’s employer assisted with a routine audit and saw a vendor he did not recognise and which had not been authorised.
Two days after the audit started, Leahy said she was resigning for medical reasons and job-related stress.
According to the affidavit of an industrial supplier, he was selling grommets for 2.4 cents and clamps for 3.5 cents. Information Ms Richards submitted to the magistrate indicated that Leahy was selling the grommets for $5.25 and the clamps for $2.
An investigator in an affidavit said he had spoken to Leahy and she told him she and her husband had formed their company because they were broke and Power-One had not given them a raise in many years. She had then entered the company’s name on Power-One’s list of vendors.
She allegedly admitted sending $750,000 to an account in another jurisdiction, Ms Richards added.
The magistrate said she was satisfied that the documentation was in order and Leahy was committed on charges of grand theft and embezzlement to await transfer to the US.
Matters would move as quickly as possible regarding Leahy’s removal from this jurisdiction, the magistrate added.
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