Attorney General Faris Al-Rawi has asked for more time to consider the United State’s extradition case against the corruption-accused former Fifa vice-president Jack Warner.
Hours before the initial deadline expired at 4 pm yesterday, attorney Brent Hallpike, who is seeking the Ministry of the AG’s interest in the matter, wrote to Chief Magistrate Marcia Ayers Caesar seeking an extension to the deadline for signing off on the authority to proceed in the matter.
In the letter, which was obtained by the T&T Guardian, Hallpike stated that Al-Rawi, who took up duties this week after being sworn in last Wednesday, needed the additional time to consider a request from Warner’s attorneys which was refused by his predecessor Garvin Nicholas.
Stating that Nicholas may have erred by refusing that request, Hallpike said: “Now while the State is seeking an extension, according to the document, it is also providing an opportunity for Mr Warner’s attorneys to make representations as to whether or not an authority to proceed should be issued.
“The refusal of the former attorney general Garvin Nicholas to grant this facility was one of the reasons Warner’s attorney’s threatened judicial review.”
Although the letter raised possible ramifications of Nicholas’ handling of the situation, it noted that it was within his discretion at the time whether to accept representations from Warner’s lawyers or not.
Hallpike explained that Al-Rawi’s office wrote to Warner’s lawyers this week offering the opportunity to make the representations but the offer was declined and labelled as an “attempt to barter with the liberty of one of its citizens.”
The State’s legal team has challenged the response as they described it as “misconstrued and wrongfully labelled,” he wrote. While he acknowledged the undertaking given to the court when it set the deadline, Hallpike said more consideration needed to be given to ensure that the eventual decision was consistent with extradition legislation and did not offend Warner’s rights.
In the letter, Hallpike asked Ayers-Caesar to extend the deadline to Monday morning, when Warner is scheduled to reappear before her. The approval of the authority to proceed is required to initiate the extradition proceedings before her. The T&T Guardian was unable to confirm if Ayers-Caesar had responded up to late yesterday.
If the AG Office’s application is eventually refused, Ayers-Caesar will then have to quash the proceedings against Warner and return his passport, which was seized when he was granted bail after being detained on a provisional warrant in July. The US will then be forced to restart the process.
Contacted on Tuesday to respond to rumours of the extension application, Nicholas, who received the US’ formal request in July and obtained an extension to consider the voluminous material contained in it, had said Al-Rawi would be justified in making the request. “He (Al-Rawi) would have only just gotten sight of the document and he should take the time, even if it means a short extension, to consider it,” Nicholas said.
Precedent set with Ish, Steve
Attorney General Faris Al-Rawi is the second AG to invite representations from accused persons before signing off on a requesting State’s extradition request. In 2010, then attorney general Anand Ramlogan, SC, offered the facility to businessmen Ishwar Galbaransingh and Steve Ferguson.
Both men, who are still wanted in the United States for money laundering and fraud-related charges over their involvement in the construction of the Piarco International Airport, managed to avoid extradition after a High Court Judge ruled in their favour in a civil lawsuit.
Earlier yesterday, Al-Rawi had told the media he had no intention of commenting publicly on public-interest matters which were before him but assured they were being dealt with expeditiously. He was questioned outside the Hall of Justice, Port-of-Spain, after attending the ceremonial opening of the 2014/2015 law term on whether his office would meet the deadline in the case against Warner.
“The Office of the AG intends to act as an AG’s office is supposed to act. I do not propose to have public litigation and announcement of matters,” he told reporters. However, he assured Warner and members of the public the matter was being treated with expedience and within the constitutional parameters governing extraditions.
“Sufficed to say the matter is before the court and is receiving urgent attention. There are no slackers on this job,” Al-Rawi said. His approval is required to kick off Warner’s extradition proceedings, which comes up for hearing before Chief Magistrate Ayers-Caesar in the Port-of-Spain Magistrates’ Court on Monday.
Although Al-Rawi had a limited period of time to consider the extradition documents issued by US authorities, his decision is expected to be guided by the comprehensive legal advice prepared by the State’s legal team. The team includes British Queen’s Counsel Allan Newman and James Lewis, local Senior Counsel Israel Khan and Pamela Elder and attorneys Wayne Sturge, Gerald Ramdeen and Alvin Pariagsingh.
This newspaper was reliably informed that the Central Authority Unit, the division of the Office of the AG which co-ordinates and facilitates extradition requests, received the advice a little over a week ago with the documents being made available to Al-Rawi when he assumed office.
Warner’s case
Warner, 72, of Cynthia Drive, Five Rivers, Arouca, is accused of 12 charges related to fraud, racketeering and for engaging in illegal wire transfers. The offences are alleged to have taken place in the United States, T&T and other jurisdictions between 1990 and when Warner quit Fifa in June 2011.
He is one of 14 former executives of world football’s governing body who were indicted on a series of charges after an investigation into corruption in football conducted by the US Federal Bureau of Investigation (FBI) and Department of Justice.
Warner surrendered to police in May after a provisional warrant was issued for his arrest when US authorities announced the conclusion of their extensive investigation. Warner spent one night on remand at the Port-of-Spain State Prison before he was able to access his $2.5 million bail.
It took US authorities almost their entire 60-day deadline to foward their official request to the Office of the Attorney General, which is needed to prepare the authority to proceed. The documents arrived in T&T in late July.
In 2013, Warner resigned from his post of national security minister and UNC chairman after the publication of a report from Concacaf’s Integrity Committee showed financial mismanagement during his long tenure as the regional body’s president. Warner also resigned as Chaguanas West MP but later regained the seat in a by-election.
He then formed the Independent Liberal Party (ILP) but resigned as its leader after it failed to secure any seats in the September 7 general election.