After 10-year legal battle, R25 000 bail was granted to Canadian businessman Daniel Louie and he was ordered to remain in South Africa.
The National Prosecuting Authority (NPA) has won its appeal after the Western Cape High Court in Cape Town. Louie had been investigated by US authorities due to the involvement of his company in the distribution of chemicals used in the manufacture of so-called “designer drugs”, including synthetic cannabis and substances marketed as “bath salts”.
The US’s Drug Enforcement Administration (DEA) agency had been investigating the international trade in synthetic drugs since February 2011. The importation and distribution of bath salts and synthetic marijuana, which include synthetic cathinones and synthetic cannabinoids, respectively, are prohibited under the US Controlled Substances Act.
The judge expressed concern about the 10-year delay in finalising the case, saying it harmed the justice system and South Africa’s obligations under its extradition treaty with the US.
Judge Vincent Saldanha ruled that it was fair for Louie to remain out on bail while the minister of justice decides on extradition. As a result, the high court set aside the magistrate’s decision, found that Louie can be extradited to the US and granted him R25 000 bail. Louie must hand over his passport, report to the Gordon’s Bay police station every Friday and remain in South Africa.
Louie relocated to Barbados in January 2012, where he established his company and more than a year later, in June 2013, the local police raided his premises following undercover purchases made by DEA agents. The Canadian was subsequently arrested and charged in Barbados, but fled to South Africa. He was arrested at Cape Town International Airport in March 2014 while en route to Barbados via London. The arrest came after the US’s January 2014 request to South Africa to provisionally arrest him.
