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Ish Galbaransingh in jail.
Flex:
MAJOR HURDLES IN PURSUING ISH AND STEVE CASE
By ANDRE BAGOO (Newsday).
Saturday, December 24 2011
MERE days after the United States expressed disappointment over the outcome of failed extradition proceedings against businessmen Ishwar Galbaransingh and Steve Ferguson potential hurdles have emerged.
The Office of the Director of Public Prosecutions is finding the situation very challenging in mounting renewed proceedings against the men in the local courts.
Legal questions are now being raised in relation to two major charges — which have largely been forgotten—which had once been brought against the men in relation to two contracts tied to the Piarco International Airport project.
The charges–relating to contract package 9 and contract package 13—were dropped years ago by former director of public prosecutions Geoffrey Henderson (now a judge) in the local courts, on the assumption that the extradition proceedings would move forward in the United States. That never happened.
Now, there is uncertainty as to whether the current DPP, Roger Gaspard, can mount the charges afresh. The charges arguably overlapped with similar charges under US law which the men faced, and which had been the basis of the US’s extradition request.
The issue was noted by the High Court, in its recent ruling on the extradition, handed down last month.
In a 57-page ruling, Justice Ronnie Boodoosingh noted that Attorney General Anand Ramlogan, in ordering the men extradited, had taken into account certain submissions made to him by Gaspard.
According to Boodoosingh, “the DPP had noted that certain specified charges were discontinued.”
“Further, the DPP’s view, which the Attorney General accepted, was that any attempt to reinstate the charges previously discontinued would be met by a challenge of abuse of process, and that such a challenge was likely to be successful.”
“Further, the DPP said, given his position as a minister of justice, he would have found it difficult to advance that the charges could be reinstated,” Boodoosingh said in the ruling. In the judgment Boodoosingh also noted that Attorney General Anand Ramlogan, in arguing for the extradition to move forward, had cited the DPP’s representations.
“He (Ramlogan) then specifically referred to the DPP’s view that there was now no possibility of reinstating the discontinued CP 9 and CP 13 charges,” Boodoosingh said at paragraph 25 of the judgment.
In a short interview with Newsday yesterday, Gaspard said it was, in fact, possible for the old charges to be brought back. However, he said, that move would face certain “hurdles”.
Asked if it was possible for the CP 9 and CP 13 charges to be brought back, Gaspard said, “the answer is yes.”
Questioned over paragraph 25 of the Boodoosingh judgment which hinted that Gaspard had previously thought it was impossible to bring back the charges, Gaspard said, “that is the judge’s view. I was never of the view that it was not possible (to bring back the charges). It may face certain hurdles and might be subject of frustration. But I was always of the view that it was possible.”
Asked if he would expedite his consideration of the matter, Gaspard said, “I have too. In terms of apprising the public as to what is the way forward.” He said he was yet to determine how he will do this.
In the High Court ruling, Boodoosingh did not rule on the question of potential abuse of process claims, but argued that, “It is significant that when the then DPP, Mr Henderson, had discontinued the charges, it was expressly premised on the existing extradition proceedings. The notice of discontinuance stated this.”
Boodoosingh questioned the idea that the men could now argue abuse of process in the courts in order to block the dropped charges from being brought back.
“Throughout the history of the extradition proceedings, the claimants had advanced before several courts that the proper forum for them to be prosecuted arising from the Piarco Airport corruption scandal was Trinidad and Tobago,” he argued. “The fact that no court made a definitive finding on it is not of moment in this respect. The claimants had maintained throughout that they wished to defend any charges arising from their alleged conduct here. This is significant.”
“If what the present DPP suggested could happen, that is, that the claimants could now advance that any reinstatement of the charges would be an abuse of process, then it follows that the claimants would now have to mount a position contrary to what they had advanced throughout. For the claimants to do that, in itself, could constitute an abuse of process. It is by no means a foregone conclusion, as the DPP’s letter suggested, that a court would find a reinstatement decision to be an abuse of process.”
In the High Court ruling, Boodoosingh said the practice of charges being discontinued locally after a person was extradited, was not established. However, checks by Newsday note that at least in one case, that involving the 2008 extradition of persons charged with the murder of Balram “Balo” Maharaj, this is what reportedly happened.
The Attorney General has indicated that the state will not appeal Boodoosingh’s judgment.
In the judgment, the judge ruled that the Attorney General’s failure to entertain further representations from the men after he got representations from the US and the DPP, was unfair.
In remarks not central to his findings, Boodoosingh, however, further remarked that, “In Trinidad and Tobago we are all fully aware of the deficiencies in the administration of justice, and in particular the length of time which criminal trials take to be concluded.
However these factors cannot ever be a reason, whether consciously or subconsciously, to order the extradition of our nationals to other jurisdictions where the criminal justice system is allegedly more efficient and effective.”
The two men have already been committed to stand trial in relation to a set of charges which comprise the Piarco 1 case. However, there is as yet no indictment against them.
Some charges relating to the men, in what is known as the Piarco 2 inquiry, are currently pending in the Port-of-Spain Magistrates Court. But those charges are being challenged by the men’s lawyers who have made no-case submissions, which are due to continue on January 6, 2012.
Any renewed charges in relation to CP 9 and CP 13 could be subject to legal challenge as well, all the way to the Privy Council, lasting over a period of years.
The men were first charged in 2002.
elan:
And alyuh say the AG chupidy, look the man pull a master stroke.
Flex:
AG: My conscience is clear Prosecute them in ‘Chadee-type court’
T&T Guardian Reports.
Attorney General Anand Ramlogan is calling on Chief Justice Ivor Archie and other stakeholders in the criminal justice system to convene a “Dole Chadee-type court” to prosecute businessmen Ishwar Galbarasingh and Steve Ferguson.
Speaking to reporters after distributing toys and school supplies in Phillipine on Christmas Eve, Ramlogan said the businessmen have not escaped prosecution because of failed extradition proceedings. In fact, Ramlogan said instead of continuing with lengthy court delays, the Government has paved the way for both men to have their day in court.
“We must respect the independence of our own court system and the administration of criminal justice. I don’t think the Government is worried in this matter. It is not that Ish and Steve have escaped. It is just that they have to be brought before a court of law in the quickest possible time,” Ramlogan said.
He added: “In fact, it is my hope that the Chief Justice and those stakeholders from the criminal justice system will convene a ‘Dole Chadee-type court’ on an ad hoc basis, having regard to the long meandering in this matter, and let the defendants have their day before a judge and jury. The time has come for that.” Ramlogan said the Government has spent more than $100 million since the businessmen were first charged in 2002.
“We would have spent more money and at the end of the day. If witnesses didn’t die there would have been fresh legal arguments on the grounds of the extent of pre-trial delay. At the end of it all, justice would not have been served,” Ramlogan said. He reiterated: “I think the criminal justice system would have taken a terrible blow and be brought into further disrepute if we had allowed this legal adventure to continue without any end in sight. The longest rope must have an end.
The defendants have not been freed. What we have done is to clear the way for them to have a fair trial before a judge and jury in a court of law and let justice take its course, according to law.” Ramlogan also denied a newspaper editorial which stated that he had allowed Ferguson and Galbaransingh time to launch a legal challenge when he made his decision on a weekend.
He said when he was appointed the defendants had already been promised, in the form of a written commitment by the former AG, time to prepare themselves for legal challenges. “Former AG John Jeremie said that they will be given seven days proper notice so that they can challenge the decision.
Our law is we must give them time to challenge before extradition, so whether I made the decision on Sunday, Monday or Tuesday, it simply did not matter,” Ramlogan said. He also denied that his refusal to appeal a high court judgment on the extradition issue had affected diplomatic relations with the United States. Ramlogan noted that T&T continues to share meaningful relations with the US. He also said that he was comfortable with his decision as he had acted in accordance with law.
“My heart is clean, my conscience is clear and my mind is satisfied because I acted in accordance with the law. It cannot make any sense to allow for legal adventures to continue in this matter where we have wasted almost a decade and spent more than $100 million in T&T with not a single day in court,” Ramlogan said.
Regarding recent comments by Director of Public Prosecutions (DPP) Roger Gaspard that it would be challenging to pursue a case against the businessmen, Ramlogan said he had full confidence in T&T’s legal statement and did not want to comment further on the case as it was exclusively in the domain of the DPP.
Flex:
No extradition to US for Ish, Steve
T&T Express Reports.
tuted a gift, there was no violation of the Integrity in Public Life Act by the Prime Minister.
"There has been no suggestion that the use of the Gopaul property was in the nature of a fee. I am also satisfied that it was not a gift," Martin Daly, one of the hired senior counsel, stated. The other attorneys in separate opinions concurring with this view were Russell Martineau, Allan Newman and Fenton Ramsahoye.
Nevertheless, the Attorney General, after a one-week review of the bid and tender documents, stopped the whole contract evaluation and award process, citing several deficiencies in the procurement process as the major reason behind his decision.
The matter was also reported to the Integrity Commission and the Prime Minister reported to the nation that the commission rejected a complaint made by People's National Movement Senator Fitzgerald Hinds and ruled that she was not in breach of the Integrity in Public Life Act when she stayed at the private home of the Gopauls following the May 2010 election.
FIU affair
The body which is designed to allow the country to treat with "big fish" in the international drug trade was at the centre of yet another controversy.
Opposition Leader Rowley contended that the appointment of Susan Francois to head the Financial Intelligence Unit (FIU) was "illegal and improper" because the Attorney General had gotten involved in the appointment process.
Rowley told Parliament that a panel from the Ministry of Finance interviewing persons to fill the vacancy got a call and the interview process was stopped. He added that Francois, who never applied for the job, ended up getting it. And Rowley contended that the Public Services Commission's authority to select and appoint a Director had been usurped.
The Attorney General countered that former FIU head, David West, who had previously worked under contract to the Ministry of the Attorney General John Jeremie, was improperly appointed and had signed as Director of the FIU when he was in fact not, and that the PNM had allowed all of this.
PSC chairman Christopher Thomas said the law governing the appointment of the FIU was "ambiguous".
The Government brought a bill to Parliament which, among other things, provided for the validation of the actions performed by certain officers on behalf of the FIU since its creation. Francois remained in the position while the PSC readvertised the position. Michelle Ann Austin placed first on the order of merit list by the commission, beating the incumbent Francois by almost 200 points.
But the Prime Minister vetoed the recommendation of the commission to have Austin appointed. The Prime Minister stated that it was Finance Minister Winston Dookeran who advised on this course of action. The Prime Minister said Dookeran objected to the appointment of Austin, citing the efforts of Francois in Trinidad and Tobago's removal from the dark-grey list to the light-grey list by the Financial Task Force Organisation (FATF). "The appointment of a new director at this time will be inappropriate and will add great uncertainty to the current efforts of Trinidad and Tobago to comply with FATF requirements," Dookeran's letter stated.
"The Minister of Finance was of the view that the work of the present Acting Director was instrumental and critical. The veto was therefore exercised based on the representations made by the Minister of Finance, "Persad-Bissessar told the Parliament in September.
ISH AND STEVE
The political ramifications of the extradition matter involving UNC financiers Ishwar Galbaransingh and Steve Ferguson were evident in the latter part of this year as the two men won their long-fought battle to have the decision to extradite them to the United States quashed. Rowley saw the hand of the Attorney General guiding the process towards this conclusion, as delivered by Justice Ronald Boodoosingh's judgment. "I wouldn't term it a defeat for the Attorney General...if there is any defeat it is for justice in Trinidad and Tobago," Rowley said, commenting on the issue. Ramlogan labelled Rowley's statements as "contempt of court". The Judiciary did not go this far, but severely chastised the Opposition Leader for what it saw as an unjustified attack on the judge.
Rowley apologised "unreservedly", saying he meant to take no issue with the learned judge and had never intended to cast any aspersion, innuendo or insinuation" on his conduct.
Rowley said his comments were directly "solely and specifically at the political directorate, particularly the Attorney General".
Rowley pointed out that the State had won every matter in this issue at the court with the attorneys hired by the former attorney general John Jeremie. He therefore questioned Ramlogan's decision to change counsel in the middle of the matter.
Ramlogan described as absurd Rowley's suggestion that his decision not to continue to retain the services of Douglas Mendes and David West in the extradition matter, and to hire new counsel, was designed to "throw away" the case. The Attorney General further stated that senior counsel Avory Sinanan and attorney Kelvin Ramkissoon were distinguished members of the bar and that the judicial review of the extradition decision was "a fresh matter".
The Attorney General last Monday announced that he had decided not to appeal the decision of Justice Ronnie Boodoosingh. Rowley's response has been to suggest that this decision with respect to the fate of the party's financiers was made a long time ago. "When did he make that decision (not to appeal)? I want the Attorney General to know that I am not fooled," he said.
COP CHANGES GUARDS
The Congress of the People (COP) had a change of leadership from Winston Dookeran to Prakash Ramadhar. While it came after a heated campaign, the transition has been smooth. Ramadhar has since acted as Prime Minister. In fact the Cabinet reshuffle had caused ripples within the COP as Persad-Bissessar felt constrained to state that she had met with the then COP leader Winston Dookeran as well as deputy leaders, Ramadhar and Seepersad-Bachan, in an attempt to assauge the fears of the COP that it was disadvantaged and treated unfairly in the reshuffle.
One week ago, Ramadhar stated that he wrote to the Prime Minister calling for a meeting of all the parties. "The time has come to assess the performance of the Partnership and the government....While all of us agree that...the People's Partnership Government has achieved much and has made great strides in righting the wrongs of the past, much of the population is nonetheless frustrated", he stated. He cited "increasing racial tensions, the perception of unacceptable levels of corruption and a non-functioning partnership structure" as factors which were "undermining the credibility of the Government".
RE-EMERGENCE of MANNING and PANDAY
The year is ending on an interesting note. Patrick Manning, former prime minister, apologised to the nation, saying that his administration may have "disenfranchised" certain sections of the national community by its policies. "The people of Trinidad and Tobago may very well have thought that in me they would have found perfection. If that were the case, I could have said from quite early on, you had the wrong man. I am not perfect," he said.
Manning, who rarely talks in Parliament, has begun holding press conferences to comment on national issues. The question is consistently being asked whether Manning is positioning himself to take back the reins of leadership of the PNM. This amidst a conflict within the party over the use of the balisier tie. Rowley who has broken with the tradition of wearing the balisier tie to Parliament, wants it to be optional while others in the party want to the party to stick to tradition.
Meanwhile, Basdeo Panday is vowing to take back the party he founded because he said the membership is upset with the leadership of Persad-Bissessar.
Panday said he wanted no elected office, but had acceded to numerous requests from party members who asked that he lead them in the struggle.
Is he clutching at straws or are people truly dissatisfied?
We await the new year to see how these questions are answered.
frico:
I DONT GO BOASTING ABOUT MY HOUSE AND WHERE I LIVE BUT I RESPONDED TO A TRINI WHO THOUGHT IT WAS OK TO TELL ME I WAS LIVING IN THE ARMPITS OF ENGLAND,that was the reason for my response.If you think its funny then I cannot help you with your sense of humour,I'll say again,I'll do cartwheels when they start hanging murderers in TT,to hell with what the USA wants,there are many teefin bastards that have been let off the hook all happily living right now in TT.There are many big people all free and happily moving about although they have been teefing over many years,when they catch up with them then yall can do many more cartwheels.Have a prosperous New Year,hope yuh had a nice Crimbo.