Delhi Court Declines Extradition of US Citizen Randall John Cafferty to Indonesia Due to Lack of Evidence

A court has ruled that Randall John Cafferty, a US citizen wanted in Indonesia for allegedly causing a death due to medical negligence in 2017, cannot be extradited. The court found no prima facie case against him. Additional Chief Judicial Magistrate Pranav Joshi reviewed the extradition request from Indonesia, received in October 2017.

Cafferty was detained at Bengaluru Airport on September 29, 2017, following a Red Corner Notice and was held in Tihar prison. The Delhi High Court granted him bail in March 2018, with conditions that he remain in Delhi and attend extradition proceedings. On March 6, the court considered the case details, supporting documents, and the India-Indonesia extradition treaty.

Extradition Treaty and Legal Provisions

The court concluded that there was no prima facie case under Article 359 of the Indonesian Penal Code or Section 73 of the Extradition Act, 1962. Consequently, Cafferty was discharged. According to the 1962 Act, if a magistrate believes no prima facie case exists for extradition, the fugitive must be released.

The court noted that the alleged offence did not qualify as extraditable under the treaty between India and Indonesia. In its detailed order, the court acknowledged arguments from Cafferty's lawyer, Ajay Verma. Verma argued that medications given by a Jakarta hospital caused the death, not Cafferty's chiropractic care.

Arguments and Observations

Verma highlighted that a post-mortem was delayed by six months and forensic reports did not attribute death to chiropractic treatment. The court observed that despite the victim's death occurring in a Jakarta hospital, Indonesian authorities did not investigate potential hospital negligence.

The decision underscores the importance of thorough investigation before pursuing extradition. It also highlights legal safeguards ensuring individuals are not extradited without sufficient evidence.