The Crown will move to extradite suspected Jamaican drug smuggler Andrew Hall who walked free in January after a judged quashed charges because he had been held for almost three years without trial.

The move comes after the Court of Appeal yesterday reinstated the indictment against Hall, who was charged with importing $1. 8 million of heroin.

The move means Acting Director of Public Prosecutions Kulandra Ratneser can push to have the suspected drug trafficker - who is thought to be in Jamaica - extradited back to Bermuda to face trial.

Mr. Ratneser saidlast night: “I am very pleased. This restores the credibility of our criminal justice system.

“The indictment has been restored. We will have to get an arrest warrant from the Supreme Court and we will apply immediately for an extradition warrant for Hall, wherever he is.”

It is the latest twist in a case that began in March, 2001 when Hall and two other Jamaicans, Barris Dawkins - also known as Rudolph Everton Pusey - and Teartia Smith were arrested on charges of importing $1.8 million of the drug into the Island.

Pusey was jailed for 18 years last year for pleading guilty to importing the drugs and Smith was given 14 years for admitting the same offence.

Hall, 39, left Bermuda on a temporary passport in a private jet for Jamaica within hours of charges being dropped against him on January 26.

Puisne Judge Archibald Warner released Hall and dropped charges against him because he accepted his constitutional rights had been violated because he had been held for two years and ten months without trial.

But the Court of Appeal yesterday quashed the ruling following an appeal from Solicitor General Wilhelm Bourne, meaning the charges have now been reinstated.

Mr. Bourne said yesterday: “It is a tremendous result for the Crown in light of the history of this case.

“The court has quashed the decisions made by Mr. Justice Warner and the indictment is restored.”

But Hall's lawyer Mark Diel said he was considering taking the case to the Privy Council in London, Bermuda's highest court of appeal, because he considered the case to be so important.

Hall could have faced a sentence of between 14 and 18 years - the jail terms handed down to Dawkins and Smith - if he had stood trial and been found guilty.

Mr. Diel said after the case yesterday: “I want to reserve comment until the reasons are given but I am extremely disappointed with the judgment that someone held in custody for two years and ten months without trial was not unreasonable.

“I will be taking instruction and may go to the Privy Council because it is an extremely important case.”

When asked where Hall was now, he said: “I honestly don't know, but I suspect he is still in Jamaica.”

President of the Appeal Court Edward Zacca, sitting with judges Philip Clough and Sir Anthony Evans, ruled yesterday that Hall's constitutional rights had not been violated because he had to wait so long for a trial. Their reasons will be given later.

The court heard that there were numerous delays in bringing the case to trial but Mr. Bourne said the state could not be held responsible for not getting Hall a timely trial.

Outlining the long history of the case, Mr. Bourne said Hall elected a long form preliminary enquiry in July, 2001 but this was adjourned because the courts were too busy.

It was adjourned until September 4, but did not go ahead until the afternoon because the Prison Service did not produce the defendants. It was then adjourned a week later for mention.

In September, further adjournments were sought because lawyer Patrick Doherty represented Hall and Elizabeth Christopher was for Dawkins, and there was a conflict of interest because their law firms merged.

It was adjourned again until November 5 but then-Principal Crown counsel Dorian Taylor could not make court because he was busy with other matters. Mr. Taylor later died.

Hall was arraigned by January, 2002, but the delays were not the fault of the Crown, said Mr. Bourne.

The trial was due to go ahead in October, 2002 but Dawkins wanted to have an overseas QC and the matter was delayed again.

Ms Christopher then withdraw for another counsel and there was another adjournment.

The case was due to go to trial in May, 2003, but Dawkins pleaded guilty. Mr. Doherty asked to come off the record because of a conflict of interest.

The case was adjourned yet again in June last year because Hall wanted to change his attorney.

Mr. Diel began representing Hall in July last year, but a trial was not possible until January this year because, said Mr. Diel, the courts were too busy.

The court heard Hall was offered bail, and the amount was reduced, but he did not take it up, supposedly because there was no one to stand him surety.

But Mr. Bourne, noting that Hall left Bermuda in a private jet immediately after the charges were quashed in January, said: “I don't want to be facetious, but (Hall) got out of the jurisdiction through arrangements of a private jet, so he had connections in terms of money and sureties.”