Case for extradition
Stay could end proceedings against Ferguson, Galbaransingh
By Donstan Bonn donstan.bonn@trinidadexpress.com
Story Created: Aug 10, 2010 at 10:51 AM ECT
(Story Updated: Aug 10, 2010 at 11:24 AM ECT )
A stay of extradition could spell the end of criminal proceedings against local businessmen Steve Ferguson and Ishwar Galbaransingh.
In order to avoid duplication of the charges laid in the United States, former Director of Public Prosecutions (DPP) Geoffrey Henderson discontinued the local charges against both men. So, failure to process their extradition request may see Ferguson and Galbaransingh avoid facing criminal charges both locally and in the US.
DPP Roger Gaspard believes the local charges that were discontinued by his predecessor could be reinstated.
However, Senior Counsels Israel Khan and Dana Seetahal, and a third legal expert who requested anonymity do not agree.
“That does not happen,” says Seetahal. “It is protected under the constitution. If any attempt is made to reinstate the discontinued charges it would amount to an abuse of process.”
Ferguson, former CEO of Maritime General, and Galbaransingh, Northern Construction Limited executive chairman, were indicted by a US grand jury on November 29, 2005, to answer alleged corruption-related charges stemming from the construction of the $1.6 billion Piarco International Airport Terminal building.
The charges, 95 in total, arose from allegations of wire fraud, money laundering, bid-rigging, kickbacks, and conspiracy carried out with their associates, one of them being Raul J. Gutierrez Jr, the owner of the Miami-based Calmaquip Engineering Corporation, one of the major suppliers to the Piarco Airport project.
The businessmen lost one of their two battles to avoid extradition when on June 7, 2010, the Privy Council refused leave for them to appeal against the majority decision of the Court of Appeal.
The Court of Appeal had upheld Justice Charmaine Pemberton’s dismissal of their habeas corpus application to prevent extradition.
Their only remaining hope was a constitutional motion by Fixed Date Claim filed on March 11, 2008.
This motion challenged the validity of the Extradition (Commonwealth and Foreign Territories) Act, 1985 on the basis that it infringes the constitutional rights of both men under section 4 (a) (e) (h) and section 5 (a) (e) (h) of the constitution.
High Court judge Vasheist Kokaram dismissed the motion on July 29, 2010, citing that the constitution did not guarantee a right not to be extradited.
He ruled that there was no breach of the claimants’ right of freedom of movement but rather a restriction of that right.
“The claimants are neither exiled nor banished from this country, but are surrendering to the requesting state in an interactive process of criminal justice”, Kokaram said.
He also stated that the extradition process was “fair”, with remedies of judicial review, habeas corpus, and challenges to the Court of Appeal and Privy Council available as safeguards.
Section 16 of the Act gives the Attorney General the discretion to order the return of the claimants unless such a return is “unjust or oppressive”.
Gaspard, Khan and Seetahal agree that, legally, there is no specified time frame in which the Attorney General should sign the extradition papers.
However, Khan believes the AG ought to act with a sense of urgency, once he has ensured “due process has taken place by Ferguson and Galbaransingh being afforded all legal recourse available to them”.
Khan says after the men have exhausted all legal avenues, the AG should consult with the Prime Minister and Cabinet before signing the extradition papers.
He believes denial of the extradition would be detrimental to the Government.
“Failure to extradite Mr. Ferguson and Mr. Galbaransingh would not only be a scandalous state of affairs but also the beginning of the end of the People’s Partnership Government.
“Patrick Manning lost the last general election on the issue of corruption and the Basdeo Panday administration (1995-2001) also lost governance on the issue of corruption.”
The ball is in Attorney General Anand Ramlogan’s court.