Bond, Wrong Bond

2003-02-26 19:31

Durban - Derek Bond, the British tourist the United States' Federal Bureau of Investigation mistook for a wanted fugitive, told a packed news conference at a Durban hotel on Wednesday afternoon he was relieved his ordeal was over.

Bond, 72, was arrested on February 6 on an Interpol warrant issued by the FBI.

US investigators believed he was the same Derek Bond (alias Derek Sykes) wanted on fraud charges involving $4.6m.

The Briton was released from the holding cells of the Durban Central police station at midday on Wednesday after the real culprit was arrested in Nevada in the US on Tuesday night.

US authorities have apologised for the mix-up.

Bond had maintained throughout his detention that this was a case of mistaken identity.

"Even though I protested my innocence many times this appeared to have little impact on the FBI who only responded after I had been in jail for 10 days," he told journalists at the Marine Parade Holiday Inn hotel.

Bond told the media he was first arrested on his arrival in South Africa at Cape Town International Airport.

South African police released him seven hours later, telling him they had acted at the behest of the FBI and had notified the Americans of his arrest but had received no response.

Compensation claim

He then told the authorities where he was headed and thought that was the end of the matter.

Bond said his rearrest in KwaZulu-Natal came a tremendous shock.

The FBI owed him more than an apology, he said.

His lawyer, Waldo Thole, said there was a possible compensation claim against FBI, but he wouldn't do anything in a hurry.

Bond said there was no blame attached to the conduct of the South African authorities - they were merely following US instructions.

While he was highly critical of the US authorities, he had nothing but praise for South Africa's police, saying they treated him as well as they could.

"South African prisons are not too bad, though I didn't like sleeping on a concrete bench on a thin mat."

He also complained that he could not read in the holding cell after 16:00 as it was too dark.

"What kept me sane was the crossword in the newspaper."

Bond was also not complimentary about the food served at Durban Central, saying it was "terrible".

"Sixty percent of the food I ate was brought by my wife," he said.

Bond broke down and cried twice during the press conference, the first time when he spoke about being reunited with his family.

Extradition

Authorities earlier said a decision by Bond to waive his right to a South African identity hearing appears to have contributed to a time lapse of nearly three weeks before his innocence could be proven.

US embassy spokesperson DeAngela Burns-Wallace said Bond filed an affidavit on February 10 agreeing to an extradition order issued against him, and waiving his right to a bail application and identity hearing.

As a result, steps were initiated for his extradition - which could only happen once a surrender order had been signed by the South African justice department. This was done on February 21.

In the meantime, however, investigators received information on February 20 which brought into question whether Bond was the right man.

Despite the fact that he waived his right to an identity hearing, investigators obtained photographs in a bid to confirm his identity, Burns-Wallace said.

Normally, this process would have started only after his arrival in the US.

Bond earlier told Radio Four's Today programme he was only questioned by the Federal Bureau of Investigation on Tuesday.

"I have been cleared to leave South Africa. The deportation order was signed by the minister a week ago to release me to America and the Americans have not taken up that option yet.

"That is where the anxiety of the last week has been -- what is happening?

"The FBI, which issued this warrant three weeks ago, to arrest me, didn't interview me until yesterday."

Burns-Wallace said investigators would have questioned Bond as soon as he arrived in the US.

Apologised for the blunder

"When Mr Bond in effect agreed to the order of extradition and waived his identity hearing in South Africa, the next step for us was to prepare for his extradition.

"We followed the process as outlined in the extradition treaty between South Africa and the United States." Bond's family said he agreed to the extradition and waived his right to an identity hearing in order to clear his name as quickly as possible.

But Stephen Jakobi, director of Fair Trials Abroad, said: "He can only have agreed to be extradited on advice.

"I hope his MP presses for an inquiry to find out what the Foreign Office was doing, why it took so long to be cleared up and who advised him to agree to be extradited." He added: "It seems quite extraordinary that it could not have been cleared up in 24 or 48 hours."

South African police spokesperson Senior Superintendent Mary Martins-Engelbrecht said official confirmation of the latest developments was received shortly before 11:00.

"We received a formal request from the US authorities via Interpol to release him."

According to the British Press Association, the US Attorney's office apologised for the blunder.

Official John Lewis said: "We got the wrong man." He added the man arrested on Tuesday had been using Bond's identity since 1989.

On Tuesday, the British High Commission in South Africa criticised American investigators for taking so long to determine whether Bond was indeed the wanted man.

- SAPA