High Court Judge James Aboud has promised the speedy resolution of former government minister Jack Warner’s application for judicial review challenging his extradition to the United States.
Aboud gave the assurance yesterday during the first hearing of Warner’s application for leave to pursue the case in the Port-of-Spain High Court.
“I have a huge case load but I want to ensure that this matter is dealt with in a safe and expeditious manner,” Aboud said as he gave attorneys representing Warner and the Office of the Attorney General dates to file their submissions and promised to deliver his decision on the first working day of next year.
Stating the threshold for approving preliminary leave was low with the majority of applications succeeding, Aboud suggested that attorneys for the AG’s Office not strenuously oppose the application, which might delay the hearing of the substantive case.
“I always ask myself why defendants in judicial review reserve their rights and do not object to leave being granted and let the matter go straight to trial,” Aboud said.
However, Senior Counsel Douglas Mendes, who is leading the state’s legal team, indicated that his client still wished to raise flaws in Warner’s case.
Through the judicial review lawsuit, Warner is seeking an order quashing his extradition as well as a temporary injunction stopping his ongoing extradition proceedings before Chief Magistrate Marcia Ayers-Caesar until the determination of the case before Aboud. The injunction application is expected to be made after Aboud delivers his decision on the granting of leave.
Warner is claiming that Attorney General Faris Al-Rawi acted unfairly when he refused to give his lawyers an opportunity to respond to the US extradition request before he signed off on it. He is also complaining of Al-Rawi’s delay in signing the documents. Al-Rawi had initially asked for an extension of the deadline set by Ayers-Caesar for his predecessor Garvin Nicholas. However, he signed them before Ayers-Caesar was given an opportunity to grant or deny the extension.
Central to Warner’s case are claims that Al-Rawi had a discretion to refuse the US’ request as some of the charges he is accused of in the US are not criminal offences in T&T.
Michael Quamina appeared alongside Mendes for the State while attorneys Fyard Hosein, SC, Rishi Dass, Anil Maraj and Nyree Alfonso appeared for Warner.