debut: 2/16/17
40,774 runs
State concedes Jack Warner's extradition order flawed
“Let Jack go free,” was the impassioned plea by his lead attorney to the High Court on September 12, after several concessions by the Attorney General that the arrangement between the United States and Trinidad and Tobago for the extradition of former Fifa vice-president Jack Warner was flawed.Warner’s attorney, Fyard Hosein, SC, urged Justice Karen Reid to free his client, declaring that the State’s decade-long effort to extradite Warner was built on “fraud, lies, and unconstitutional acts.”Hosein told Justice Karen Reid that no lawful extradition arrangement existed between Trinidad and Tobago and the United States when the 2015 authority to proceed (ATP) with the extradition was issued. He accused former attorneys general and senior state lawyers of deliberately misleading the High Court, Court of Appeal, and Privy Council by insisting on a “bespoke” agreement that never existed.
“The authority to proceed is null, void, and of no effect,” Hosein said. “For over ten years, the State knowingly misled every court in this matter. This is not an error; this is fraud. And the taxpayers continue to pay the price.”British attorney Robert Strang, representing the Office of the Attorney General, admitted the extradition order should be set aside. He said Warner’s ATP was legally flawed and that “any continuing restraints on the claimant’s liberty” should be removed.“Given that at present the claimant is under continuing legal restraints on his liberty, the court should order that the ATP be set aside and that any continuing restraints on the claimant's liberty be set aside.“And, I agree that that is open to the court based on the admitted breaches of the Constitution that the Attorney General set out in his written submissions…” Strang told the judge.
According to the AG’s concessions, there was no arrangement between the US and TT for Warner’s extradition, nor was there a “standing arrangement” in place and the “certificate of speciality” (which serves as a safeguard against prosecutions in the requesting state) issued by former AG Faris Al-Rawi, was supported by any agreement between the two countries.“It is very clear from all those facts that there has been a breach of the law…It's illegal, it's unconstitutional, and therefore, the authority to proceed is null and void,” Hosein maintained.“The two previous attorneys general, that is, Mr Al-Rawii and Mr Armour, knew that there was no arrangement in place, that the certificate of speciality was false and fraudulent, and it misrepresented both the High Court, the Court of Appeal, and the Privy Council.Warner did not immediately respond to a request for comment. However, on August 5, he declared, he suffered “ten long, hard years” of persecution and political victimisation at the hands of officeholders.
“Let Jack go free,” was the impassioned plea by his lead attorney to the High Court on September 12, after several concessions by the Attorney General that the arrangement between the United States and Trinidad and Tobago for the extradition of former Fifa vice-president Jack Warner was flawed.Warner’s attorney, Fyard Hosein, SC, urged Justice Karen Reid to free his client, declaring that the State’s decade-long effort to extradite Warner was built on “fraud, lies, and unconstitutional acts.”Hosein told Justice Karen Reid that no lawful extradition arrangement existed between Trinidad and Tobago and the United States when the 2015 authority to proceed (ATP) with the extradition was issued. He accused former attorneys general and senior state lawyers of deliberately misleading the High Court, Court of Appeal, and Privy Council by insisting on a “bespoke” agreement that never existed.
“The authority to proceed is null, void, and of no effect,” Hosein said. “For over ten years, the State knowingly misled every court in this matter. This is not an error; this is fraud. And the taxpayers continue to pay the price.”British attorney Robert Strang, representing the Office of the Attorney General, admitted the extradition order should be set aside. He said Warner’s ATP was legally flawed and that “any continuing restraints on the claimant’s liberty” should be removed.“Given that at present the claimant is under continuing legal restraints on his liberty, the court should order that the ATP be set aside and that any continuing restraints on the claimant's liberty be set aside.“And, I agree that that is open to the court based on the admitted breaches of the Constitution that the Attorney General set out in his written submissions…” Strang told the judge.
According to the AG’s concessions, there was no arrangement between the US and TT for Warner’s extradition, nor was there a “standing arrangement” in place and the “certificate of speciality” (which serves as a safeguard against prosecutions in the requesting state) issued by former AG Faris Al-Rawi, was supported by any agreement between the two countries.“It is very clear from all those facts that there has been a breach of the law…It's illegal, it's unconstitutional, and therefore, the authority to proceed is null and void,” Hosein maintained.“The two previous attorneys general, that is, Mr Al-Rawii and Mr Armour, knew that there was no arrangement in place, that the certificate of speciality was false and fraudulent, and it misrepresented both the High Court, the Court of Appeal, and the Privy Council.Warner did not immediately respond to a request for comment. However, on August 5, he declared, he suffered “ten long, hard years” of persecution and political victimisation at the hands of officeholders.
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