The deadline for signing off on the extradition case against corruption accused former FIFA vice-president Jack Warner expires this afternoon.
The T&T Guardian understands up to late yesterday Attorney General Faris Al-Rawi, who only took up duties this week after being sworn in last Wednesday, had not signed the authority to proceed in Warner’s case, which is required to kick off the extradition proceedings before Chief Magistrate Marcia Ayers-Caesar.
Al-Rawi did not respond yesterday to calls seeking confirmation on the status of Warner’s case in light of the deadline.
A legal source close to the case said yesterday although Al-Rawi only had a limited period of time to consider the documents, the exercise of his discretion would be guided by comprehensive legal advice on the issue which was obtained from the State’s legal team which includes a pair of British Queen’s Counsel, two Senior Counsel and a handful of other local attorneys.
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.
In the event Al-Rawi fails to sign the document by 4 pm today, his office will have to seek another extension from Ayers-Caesar, who Warner is scheduled to reappear before next Monday.
If their 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 afresh.
However, when contacted yesterday a legal source with extensive experience in extradition cases claimed that any further delay in Warner’s case may potentially open the door for him (Warner) to claim an abuse of process in separate legal proceedings.
Asked yesterday to comment on the delay, Warner in a brief telephone interview said: “I have no comment to make or no interview to give on this matter.”
About 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 last week’s general election.
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AG seeks time to weigh US case.
By Derek Achong (Guardian).
Jack’s lawyers hold key to his future
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.
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AG misses Warner deadline
By Jada Loutoo (Newsday)
ATTORNEY General Faris Al- Rawi has missed his deadline to sign the Authority to Proceed (ATP) in the extradition matter against corruption-accused Jack Warner, which could lead to him being freed on Monday. At 4 pm yesterday, sources said the ATP was not signed by the Attorney General who has now written to Chief Magistrate Marcia Ayers-Caesar seeking an extension.
The matter comes up for hearing before her on Monday.
If she refuses to grant the extension, Ayers-Caesar will then have to quash the provisional warrant which has him before her.
The extradition process will then have to re-start with Warner having to be rearrested.
Speaking to the media at the Hall of Justice in Port-of-Spain at the opening of the new Law Term yesterday, Al-Rawi declined to comment on his deadline to sign the ATP, saying his office intended to act as the office should which was not to engage in public litigation or making announcements of matters in which it is involved.
He, however, assured that the Office of the AG will act with expedience and within Constitutional parameters. “We must act very carefully cognisant of the fact that every decision is under review,” he said.
Al-Rawi, who was only sworn in as AG last week, has only had since then to consider the record of case sent by the United States authorities as well as legal advice on the transposition of the charges against Warner.
Newsday understands that attorneys representing Warner wrote the new AG asking that he consider representation on their client’s behalf.
A similar request had been denied by former AG Garvin Nicholas.
The advice was provided to the Central Authority by attorneys representing the State in the extradition matter.
According to the advice given there are no legal barriers preventing the signing of the Authority to Proceed as the charges for which Warner was indicted in the United States were compatible with charges found in local law. Warner is currently on $2.5 million bail after surrendering himself to Fraud Squad officers on May 27 after learning the warrant had been issued for his arrest.
He has been indicted as it relates to four schemes related to the alleged acceptance of bribes for media and marketing rights to the Concacaf Gold Cup tournaments and World Cup qualifier matches played by Caribbean Footbal; alleged acceptance of bribes in relation to FIFA executive committee votes for South Africa to be the host nation for the 2010 World Cup Union teams and allegedly facilitating and abetting the payment of bribes to members of the CFU to influence their votes in the 2011 FIFA election.
Faris fires six from Jack’s case.
By Derek Achong (Guardian).
State lawyers to get chance
Attorney General Faris Al-Rawi has fired almost the entire legal team hired to represent the State in the extradition case of corruption accused former Fifa vice-president Jack Warner.
The T&T Guardian was reliably informed that Al-Rawi held a meeting at his Cabildo Chambers, St Vincent Street, Port-of-Spain, offices yesterday afternoon, where he informed three lawyers from the eight-member team—Jagdeo Singh, Gerald Ramdeen and Brent Hallpike—that their services were no longer required. The other lawyers who were relieved from the case but were not present at the meeting were Allan Newman, QC; Israel Khan, SC; and Wayne Sturge. Though Singh had returned his brief for the case earlier this week he was still invited to the meeting.
British extradition expert James Lewis, QC, and local Senior Counsel Pamela Elder were the two kept on by the AG.
A source told the T&T Guardian that Al-Rawi told the lawyers the decision was taken because the team of private lawyers chosen by his predecessor Garvin Nicholas was too large and their duties could be handled by state attorneys working within his ministry.
Before assuming office after last week's general election, Al-Rawi was critical of Nicholas' selections after it was revealed the team had billed the State for a combined total of over $12 million for preliminary work in the case, which is yet to start before Chief Magistrate Marcia Ayers-Caesar. However, the source revealed the AG's office was yet to pay the invoices the lawyers had submitted.
The T&T Guardian attempted to contact the lawyers involved yesterday but they all refused to make a public statement.
In a brief telephone interview yesterday, Al-Rawi also refused to comment on any matter related to the case.
“I do not propose to conduct state litigation in the media. I must be guided by my constitutional and statutory remit and certainly intend to bring a measure of discipline and coordination to the Office of the AG,” Al-Rawi said.
The lawyers’ last work on this case was on Wednesday, when Hallpike wrote to Ayers-Caesar on Al-Rawi’s behalf seeking an extension of the deadline for him to sign off on the authority to proceed in the case. The authority to proceed is required to kick off the proceedings before Ayers-Caesar.
In asking for the deadline to be extended to next Monday, the next scheduled hearing, Hallpike said Al-Rawi needed additional time to consider the case file sent by United States authorities and to give Warner’s legal team an opportunity to make representations before he signed the document.
Nicholas, who was in charge of the case since Warner was indicted in May, repeatedly denied Warner that opportunity. Hallpike added that Al-Rawi reconsidered Nicholas’ decision because while it was within his discretion, it opened the door to a possible judicial review challenge from Warner.
Hallpike noted that Al-Rawi’s offer was being complicated by Warner’s attorneys, who refused to participate initially as they described the roundabout turn on the issue as an “attempt to barter with the liberty of one of its citizens.”
Ayers-Caesar is expected to pronounce on the request for an extension next week. In the event she refuses it, Warner will be discharged and the US will have to start the process afresh.