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Author Topic: Ish Galbaransingh in jail.  (Read 36905 times)

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Offline Flex

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Re: Ish Galbaransingh in jail.
« Reply #60 on: October 11, 2010, 06:18:50 AM »
Galbaransingh and Ferguson’s legal battles
T&T Newsday Reports.


FORMER UNC FINANCIERS Ishwar Galbaransingh and Steve Ferguson are wanted in the United States to face some 84 charges of wire fraud, money laundering, bid-rigging and conspiracy, among others, after they were indicted by a US grand jury on November 29, 2005.

Already, six foreign nationals have been convicted and sentenced in the US for defrauding the TT Government, and some have agreed to make restitution. On December 13, 2007 Galbaransingh and Ferguson lost a challenge at the Court of Appeal where they sought to review the decision that then Attorney General John Jeremie, made on July 20, 2006, to issue the authority to proceed, as well as the decision of the then Chief Magistrate Sherman McNicolls to issue a warrant for their arrest pursuant to the authority to proceed.

Galbaransingh and Ferguson claimed there were similarities in the offences alleged in the charges laid against them locally, and on the US grand jury indictment. They also argued that to prosecute them in the American courts would be oppressive since there existed an overlap in proceedings locally. The ruling handed down by Justice of Appeal Margot Warner paved the way for the start of the extradition proceedings, which came to an end on July 14, 2008.

On July 25, 2008, they challenged the extradition order and over the next two years the duo would continue to challenge the proceedings, even taking the matter to the Court-of-Appeal and the London Privy Council. The bail for the two men expired on June 7, following the Privy Council decision not to grant an order to block their extradition to the US. On June 11, attorneys for the two businessmen wrote to Attorney General Anand Ramlogan seeking the continuation of the duo’s bail “under existing conditions”.

They previously filed for judicial review of then Attorney General John Jeremie’s decision to commence the extradition proceedings, claiming, among other things, that they would not get fair trials in the United States, and that Jeremie had been politically biased against them.

However, before Ramlogan could officially respond, the duo were arrested on June 15, when they were detained in the Point Lisas area.

They were taken to the Arouca prison where they are being kept in a cell at the infirmary section.

Since then, applications for bail for the two businessmen have been dismissed by a High Court Judge, on two separate occasions.

The two businessmen also challenged the constitutionality of Section 16 of the Extradition Act and on Saturday, the Attorney General signed off on the extradition warrant to have the two answer the charges in the US.
The real measure of a man's character is what he would do if he knew he would never be found out.

Offline Flex

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Re: Ish Galbaransingh in jail.
« Reply #61 on: October 12, 2010, 04:12:23 AM »
Ish and Steve to challenge AG’s decision
Indarjit Seuraj (Guardian).


Lawyers representing accused businessmen Ishwar Galbaransingh and Steve Ferguson are expected to return before a High Court judge later this week to challenge the decision of Attorney General Anand Ramlogan to order their extradition to the United States.

A source said yesterday a team of lawyers, which included Fyard Hosein, SC, Nyree Alfonso and Rajiv Persad, worked overnight Sunday and yesterday to prepare filing documents.The lawyers received written confirmation of the AG’s decision on Sunday and that would form the basis for the latest court action.

They intend to file for judicial review of Ramlogan’s decision on Saturday to order the extradition of the businessmen.Ramlogan exercised his administrative function in signing off the extradition, pursuant to Section 16 of the Extradition Act.

His decision came after weeks of consideration, following High Court Justice Vasheist Kokaram’s decision on July 29 to dismiss a constitutional motion challenging the legality of the Extradition Act.

Late last Saturday, the team of lawyers went before the same judge on an ex-parte hearing to have the extradition stayed.Kokaram dismissed the application just after 12.30 am Sunday, stating he could not act on the news release which purported to be the decision of the AG.

Lawyers yesterday indicated they would be moving expeditiously to file the review action, despite Ramlogan’s undertaking that the US marshals would not be ready to extradite the businessmen from Trinidad until next Monday.The businessmen are wanted in the US on a total of 95 charges arising out of the construction of the $1.6 billion Piarco Airport terminal building.

They remained in remand at prison since they were arrested on June 15 at Galbaransigh’s Pt Lisas, Couva, office.Ferguson, former CEO of Maritime General, and Galbaransingh, Northern Construction Ltd executive chairman, are wanted in the United States to answer charges of wire fraud, money-laundering, bid-rigging and conspiracy, after they were indicted by a Florida grand jury on November 29, 2005.
The real measure of a man's character is what he would do if he knew he would never be found out.

Offline Brownsugar

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Re: Ish Galbaransingh in jail.
« Reply #62 on: October 12, 2010, 05:26:42 AM »
<cue Kurt Allen>  ".....dem fellas too bright"....

http://www.trinidadexpress.com/news/US_surprised_by_AG_s_extradition_order-104747284.html

US surprised by AG's extradition order
By Denyse Renne denyse.renne@trinidadexpress.com

Caught by surprise.
This is how United States Department of Justice officials, in Washington described the decision by Attorney General Anand Ramlogan to extradite businessmen Ishwar Galbaransingh and Steve Ferguson.
Speaking with the Express yesterday on the condition of anonymity, a US official said the United States Government was only informed of the decision on Saturday, moments before an e-mail press release was issued by the Attorney General's office to the local media.

"This is the first time this has happened. Normally we (US) would be informed a day or two before of the decision to extradite.
"What happened over the weekend was unexpected. We did not receive any correspondence and therefore were in no position to make arrangements," the source said.


Admitting that yesterday's holiday (Columbus Day) placed a pause on administrative functions within the US, the source said Ramlogan's action "has indirectly given them (Galbaransingh and Ferguson) a stay".

"It looks more like a calculated error," the source said.

Ramlogan on Sunday issued the written reasons for his decision. Lawyers representing the two incarcerated men rushed to the High Court on Saturday seeking an injunction to block the extradition but their application was refused by Justice Vashiest Kokaram shortly after 1 a.m.

Ramlogan has also given an assurance that the two men will not be extradited before October 18.

This latest extension will now see the businessmen's attorneys approaching the High Court tomorrow in a bid to challenge Ramlogan's decision.

Legal sources close to the businessmen say Ramlogan's reasons were only made available to them on Sunday afternoon and since then attorneys have been working around the clock in a bid to "ensure documents are ready when we approach the High Court".

The legal source added the contents of their case are voluminous and if they are denied at the High Court then the option of the Appeal Court and Privy Council remains open.

Galbaransingh and Ferguson are wanted in Florida where they were indicted on fraud charges relating to financial transactions during the construction of the Piarco International Airport.

They had filed for judicial review of the then attorney general John Jeremie's decision to commence the extradition proceedings, claiming, among other things, that they would not get fair trials, that they should only be put on trial in a local court, and that Jeremie had been politically biased against them.

Their initial lawsuit was dismissed by then High Court judge Nolan Bereaux who ruled on April 5, there was no indication on the evidence of bias, nor did the two men have a right to be put on trial locally, and that the lawsuit was premature.


De Pee Pee apologists goh tell mih this government just doing things in a different way.....that dey "innovative".... ::) ::)  Steups!!!  People playing smart with dotishness yes!!....
"...If yuh clothes tear up
Or yuh shoes burst off,
You could still jump up when music play.
Old lady, young baby, everybody could dingolay...
Dingolay, ay, ay, ay ay,
Dingolay ay, ay, ay..."

RIP Shadow....The legend will live on in music...

Offline daryn

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Re: Ish Galbaransingh in jail.
« Reply #63 on: October 12, 2010, 06:00:41 AM »
"It looks more like a calculated error," the source said.

anyone with knowledge of the legalities say how this affects the probability of them being in the States by, say, next week?

Offline Brownsugar

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Re: Ish Galbaransingh in jail.
« Reply #64 on: October 12, 2010, 07:16:06 AM »
"It looks more like a calculated error," the source said.

anyone with knowledge of the legalities say how this affects the probability of them being in the States by, say, next week?

It appears as though Ish and Steve's lawyers would have an opportunity to file for some kind of legal redress in the courts this week.  Maybe, just maybe, if the US had been given notice they wouldn't have had that chance.....
"...If yuh clothes tear up
Or yuh shoes burst off,
You could still jump up when music play.
Old lady, young baby, everybody could dingolay...
Dingolay, ay, ay, ay ay,
Dingolay ay, ay, ay..."

RIP Shadow....The legend will live on in music...

Offline Jah Gol

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Re: Ish Galbaransingh in jail.
« Reply #65 on: October 12, 2010, 07:32:58 AM »
Trini real smart.

Offline weary1969

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Re: Ish Galbaransingh in jail.
« Reply #66 on: October 12, 2010, 08:01:42 AM »
Today you're the dog, tomorrow you're the hydrant - so be good to others - it comes back!"

Offline daryn

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Re: Ish Galbaransingh in jail.
« Reply #67 on: October 12, 2010, 08:03:47 AM »
that would truly be a disgrace if dem fellas get outta dat.

Offline Bakes

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Re: Ish Galbaransingh in jail.
« Reply #68 on: October 12, 2010, 08:10:08 AM »
"It looks more like a calculated error," the source said.

anyone with knowledge of the legalities say how this affects the probability of them being in the States by, say, next week?

Once extradition is granted arrangements are made behind the scene, marshalls are sent on board a US flight to pick up the suspects and they are transported.  Anand and dem chose to announce it via email on a Sunday afternoon knowing full well that no administrative proceedings will take place until the following day.  Of course the following day just so happened to be a US Government holiday... so they end up getting a two-day stay.  That two-day stay buys enough time for them to appeal yet again.  They cannot be extradited pending the appeal.  Hence it won't be until at least a week before they start packing dey grip.

Offline daryn

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Re: Ish Galbaransingh in jail.
« Reply #69 on: October 12, 2010, 08:40:23 AM »
"It looks more like a calculated error," the source said.

anyone with knowledge of the legalities say how this affects the probability of them being in the States by, say, next week?

Once extradition is granted arrangements are made behind the scene, marshalls are sent on board a US flight to pick up the suspects and they are transported.  Anand and dem chose to announce it via email on a Sunday afternoon knowing full well that no administrative proceedings will take place until the following day.  Of course the following day just so happened to be a US Government holiday... so they end up getting a two-day stay.  That two-day stay buys enough time for them to appeal yet again.  They cannot be extradited pending the appeal.  Hence it won't be until at least a week before they start packing dey grip.

and in this case they are appealing against the specific act of the papers being signed?

I guess what I'm asking is: is this appeal that they had been saving?  or something that only becomes available with a calculated mistake like this?

well, hopefully it won't matter by this time next week or so.

Offline Bakes

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Re: Ish Galbaransingh in jail.
« Reply #70 on: October 12, 2010, 11:25:36 AM »
and in this case they are appealing against the specific act of the papers being signed?

I guess what I'm asking is: is this appeal that they had been saving?  or something that only becomes available with a calculated mistake like this?

well, hopefully it won't matter by this time next week or so.

Dem eh saving nutten, they know they out of legal arguments.  All them doing is stalling and throwing thing against the wall hoping something will stick.  Is like they take a page from Jack and Om and dem with the WC dispute.

Offline Brownsugar

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Re: Ish Galbaransingh in jail.
« Reply #71 on: October 12, 2010, 12:05:13 PM »
Dem eh saving nutten, they know they out of legal arguments.  All them doing is stalling and throwing thing against the wall hoping something will stick.  Is like they take a page from Jack and Om and dem with the WC dispute.

Birds of a feather....
"...If yuh clothes tear up
Or yuh shoes burst off,
You could still jump up when music play.
Old lady, young baby, everybody could dingolay...
Dingolay, ay, ay, ay ay,
Dingolay ay, ay, ay..."

RIP Shadow....The legend will live on in music...

Offline Flex

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Re: Ish Galbaransingh in jail.
« Reply #72 on: October 15, 2010, 05:03:40 AM »
Ish and Steve’s plan to block extradition to be heard today
By Jada Loutoo Friday, October 15 2010


THE LATEST attempt by businessmen Ishwar Galbaransingh and Steve Ferguson to stave off their extradition to the United States to face criminal charges of bid-rigging and money laundering, has hit a snag.

Justice Andre Des Vignes who was assigned to hear the application for judicial review after it was filed at the Civil Registry of the Supreme Court in Port-of-Spain at about 8.18 am yesterday, recused himself from the matter, at about 1.30 pm, after he realised that he had previously appeared as one of the attorneys on record in a case involving fraud charges in the Piarco 1 inquiry in the local courts.

The case has now gone to Justice Joan Charles, who returned from Tobago yesterday.

Hearing of the application has been scheduled for this morning in POS 4 at the Hall of Justice.

Galbaransingh and Ferguson sought the court’s intervention to review the decision of Attorney General Anand Ramlogan, made on October 9, to sign the extradition warrant.

The two have previously challenged, unsuccessfully, their extradition, seeking to stop the proceedings against them.

They are now seeking a stay of their extradition; an injunction preventing the AG from removing them from the country until their lawsuit is heard and determined; a declaration that the AG’s decision to extradite was unlawful and null and void; a declaration that the AG’s notification via e-mail that he will not permit any stay of execution of the extradition was unlawful and orders quashing the AG’s decision to extradite, and prohibiting him from extraditing them.

Galbaransingh and Ferguson are arguing that the decision to extradite them was arrived at unfairly, and in breach of the requirements of natural justice, and that the AG intentionally solicited and received submissions from third parties whose interests were adverse to them and these submissions appeared to have caused the AG to misdirect himself as to the meaning and effect of the laws of Trinidad and Tobago. They have also claimed as parties affected by the executive decision of the AG, they are entitled to a process which is fair. They also said they requested, but did not receive copies of the representations received by the AG on their matter.

Galbaransingh and Ferguson have so far refused to appear in the US courts after they were indicted by a US grand jury on November 29, 2005, on 95 charges of bid-rigging, money laundering, conspiracy to defraud and wire fraud, arising from the Piarco Airport development construction project.

The charges alleged that the acts took place in the United States and elsewhere between 1996 and 2001.

On Saturday last, shortly after the decision was made by Ramlogan, the men’s attorneys approached the courts seeking a stay of the extradition, but it was refused by Justice Vashiest Kokaram.

On Monday, Ramlogan, at a press briefing at his Cabildo Chambers, St Vincent Street, Port-of-Spain, said the ball was now in the court of the United States Government in relation to the men’s extradition.

He said the US authorities indicated that the earliest possible date they can arrive in Trinidad for the two was on Monday.

Ramlogan also admitted that the two were entitled like any other citizen under the Constitution, to access the local courts, when asked about the fact that the lag between his announcement on Saturday and the date for extradition allowed the men time to turn to the courts.

Ramlogan said he could not deprive the men of their rights or give them a basis for filing a judicial review.

The AG’s reasons for ordering the extradition were outlined in a letter sent to Fyard Hosein, SC, lead counsel for the two men, on Sunday last.

According to Ramlogan, he exercised his power under the Extradition (Commonwealth and Foreign Territories) Act 1985 and pointed out that while he was not under any statutory duty to provide reasons for his decision to order the extradition, he was doing so as a matter of fairness.

He said he considered the representations made by the men received in June 2006 and June of this year.

He also received opinions from several persons including three British Queen’s Counsel, Sir Ellis Clarke, the Director of Public Prosecutions, and the United States Government.

Ramlogan also saw no basis for their argument that to have them tried in the American courts would be wrong, unjust or oppressive — an argument which has already been shot down in local courts.

He also said he saw no overlap between previous domestic proceedings relating to the Piarco 1 inquiry — which was discontinued by the DPP in favour of the American prosecution — and the criminal proceedings in the US.

Ramlogan also said he found the reasons of Assistant United States Attorney Richard Gregorie as it related to the issue of the correct forum for which the two should be prosecuted, to be more compelling than what Galbaransingh and Ferguson argued.
The real measure of a man's character is what he would do if he knew he would never be found out.

Offline Brownsugar

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Re: Ish Galbaransingh in jail.
« Reply #73 on: October 15, 2010, 06:03:56 AM »
aaaaahhhhhh yeeeessss......Stevie Wonder saw this coming.... ::)  Anand you sneaky fella you.....we watching dis one real close Anand, real close....
"...If yuh clothes tear up
Or yuh shoes burst off,
You could still jump up when music play.
Old lady, young baby, everybody could dingolay...
Dingolay, ay, ay, ay ay,
Dingolay ay, ay, ay..."

RIP Shadow....The legend will live on in music...

Offline weary1969

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Re: Ish Galbaransingh in jail.
« Reply #74 on: October 15, 2010, 09:07:39 AM »
aaaaahhhhhh yeeeessss......Stevie Wonder saw this coming.... ::)  Anand you sneaky fella you.....we watching dis one real close Anand, real close....

Ray Charles as well and he blind and deadddd.
Today you're the dog, tomorrow you're the hydrant - so be good to others - it comes back!"

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Re: Ish Galbaransingh in jail.
« Reply #75 on: October 16, 2010, 10:15:33 AM »
Ish, Ferguson make last ditch effort to prevent extradition

<a href="http://www.youtube.com/v/vA2s6TOTZ7w" target="_blank" class="new_win">http://www.youtube.com/v/vA2s6TOTZ7w</a>

Offline Brownsugar

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Re: Ish Galbaransingh in jail.
« Reply #76 on: October 16, 2010, 06:08:48 PM »
So de judge rule yet??

And on another note, dey cyar arrange to power wash de court exterior??....oh geez and ages the building look nasty, nasty!!....steups!!
"...If yuh clothes tear up
Or yuh shoes burst off,
You could still jump up when music play.
Old lady, young baby, everybody could dingolay...
Dingolay, ay, ay, ay ay,
Dingolay ay, ay, ay..."

RIP Shadow....The legend will live on in music...

Offline Babalawo

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Re: Ish Galbaransingh in jail.
« Reply #77 on: October 16, 2010, 06:48:20 PM »
« Last Edit: October 17, 2010, 01:18:27 AM by Babalawo »

Offline Flex

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Re: Ish Galbaransingh in jail.
« Reply #78 on: October 17, 2010, 05:41:57 AM »
Reprieve for Ish, Steve
Judges block extradition...for now
By Denyse Renne


United National Congress financiers Ishwar Galbaransingh and Steve Ferguson were yesterday granted a a conservatory order blocking their extradition to the US to face charges of money laundering and fraud.

The order means that the planned extradition, which was to take place tomorrow, October 18, has been stayed until the Appeal Court hears and determines the case being made by the men.

The Appeal panel which comprised Justices Wendell Kangaloo, Paula Mae-Weeks and Alan Mendonca held a special sitting yesterday morning to hear submissions from attorneys seeking the interest of the men.

Queen's Counsel Andrew Mitchell, appearing on behalf of Galbaransingh and Ferguson, told the court the businessmen will be appealing two decisions—the refusal of leave for a judicial review application before Justice Joan Charles and Justice Vasheist Kokaram's decision on the validity of the extradition legislation.

Senior Counsel Avery Sinanan, who is leading the case for the State, said the granting of the stay raises several concerns, one of which is Section 17 of the Extradition Act.

"Our very serious concern is if this matter is dragged on. I do not want to cast aspersions, but Under Section 17 (B), one month from October 9, the men will now have a chance to apply to have the charges against them discharged," Sinanan said.

Sinanan said following the signing of the warrant on October 9 by Attorney General Anand Ramlogan, the way was paved for the men to be extradited to the United States. The action by the lawyers for Galbaransingh and Ferguson has prompted the clock to start ticking, argued Sinanan.

Sinanan noted that if the men were refused leave at the Appeal Court, then they have the option of going to the Privy Council and it would be during that period that the timeline can close.

"While we appreciate your view (the Appeal panel), in relation to the refusal of the stay by the Attorney General, it is my insistence that as such there will be international and diplomatic implications and repercussions and this is why the AG felt constrained not to issue a stay," Sinanan said.

Kangaloo interjected saying he did not believe Section 17 (B) was applicable in this instance.

"The timetable we have set out will not be extended to the end of November. I do not think Section B applies here," Kangaloo said.

The matter was adjourned to October 27 when the appeal is expected to be heard and a decision made soon after.

...Anand: Let the courts decide
By —Denyse Renne


Following the decision by the Appeal Court to grant a stay in the matter involving businessmen Ishwar Galbaransingh and Steve Ferguson, Attorney General Anand Ramlogan in a brief interview with Sunday Express yesterday reiterated that the ball was now in the judiciary's court to deal with the matter.

"I think, having made my decision, the ball is now in the court of the judiciary. I am happy with the priority and sense of urgency afforded to this matter.

"The High Court was able to hear and dismiss the matter within 24 hours and the Court of Appeal has given a time management deadline and I expect before the end of the month, the matter will be disposed of," Ramlogan said.

Asked whether his office will be calling upon the Privy Council to expedite a hearing in the event that the businessmen are denied by the Appeal Court and the matter goes to the Privy Council, Ramlogan said:

"I would suspect, based on my personal experience, the Privy Council will treat it as a matter of urgency.

"The fact is that this matter has a history before the Privy Council and I believe the Privy Council will assist in this regard, since this is not something new."

On the issue of the State expressing concern over Section 17(B) of the Extradition Act, Ramlogan said it would be improper for him to explain this Act, especially since the matter is engaging the attention of the courts.

"I will refrain from making any statement regarding that," he said.
The real measure of a man's character is what he would do if he knew he would never be found out.

Offline Bourbon

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Re: Ish Galbaransingh in jail.
« Reply #79 on: October 17, 2010, 06:11:30 AM »
Reprieve for Ish, Steve
Judges block extradition...for now
By Denyse Renne



Senior Counsel Avery Sinanan, who is leading the case for the State, said the granting of the stay raises several concerns, one of which is Section 17 of the Extradition Act.

"Our very serious concern is if this matter is dragged on. I do not want to cast aspersions, but Under Section 17 (B), one month from October 9, the men will now have a chance to apply to have the charges against them discharged," Sinanan said.

Sinanan said following the signing of the warrant on October 9 by Attorney General Anand Ramlogan, the way was paved for the men to be extradited to the United States. The action by the lawyers for Galbaransingh and Ferguson has prompted the clock to start ticking, argued Sinanan.

Sinanan noted that if the men were refused leave at the Appeal Court, then they have the option of going to the Privy Council and it would be during that period that the timeline can close.




 :whistling:
The greatest single cause of atheism in the world today are Christians who acknowledge Jesus ;with their lips and walk out the door and deny Him by their lifestyle. That is what an unbelieving world simply finds unbelievable.

Offline Brownsugar

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Re: Ish Galbaransingh in jail.
« Reply #80 on: October 17, 2010, 06:46:33 AM »
Anand goh turn me into a psychic....here's mih next prediction.....Ish and Steve eh going a blasted place!!

Sammy whey yuh??....
"...If yuh clothes tear up
Or yuh shoes burst off,
You could still jump up when music play.
Old lady, young baby, everybody could dingolay...
Dingolay, ay, ay, ay ay,
Dingolay ay, ay, ay..."

RIP Shadow....The legend will live on in music...

Offline Bakes

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Re: Ish Galbaransingh in jail.
« Reply #81 on: October 17, 2010, 09:39:42 AM »
Reprieve for Ish, Steve
Judges block extradition...for now
By Denyse Renne


On the issue of the State expressing concern over Section 17(B) of the Extradition Act, Ramlogan said it would be improper for him to explain this Act, especially since the matter is engaging the attention of the courts.

"I will refrain from making any statement regarding that," he said.

Are you serious?? LOL  :rotfl:

I could only imagine what the local Bar is saying about this clown behind his back.  He sitting on he facking hands at every turn and failing to be proactive at prosecuting their extradition... it is apparent for all with any common sense to see.

Offline Babalawo

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Re: Ish Galbaransingh in jail.
« Reply #82 on: October 17, 2010, 10:31:18 PM »

Offline Bourbon

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Re: Ish Galbaransingh in jail.
« Reply #83 on: October 18, 2010, 07:35:47 AM »
Quote from: Trinidad Express Article Reads
US: No loophole to save Ish, Steve
http://www.trinidadexpress.com/news/US__No_loophole_to_save_Ish__Steve-105152204.html

"They (Galbaransingh and Ferguson) are the ones who appealed. So therefore, the one month would also have been stayed until the court's have made their decision," the source said. The source noted that the men would have a legal ground to argue if the requesting State (US) was at fault in not coming for them during the one-month period following the signing of their warrants.

In hits case, the source said the US are not the ones causing delays and as such the Section 17(B) cannot apply.
The greatest single cause of atheism in the world today are Christians who acknowledge Jesus ;with their lips and walk out the door and deny Him by their lifestyle. That is what an unbelieving world simply finds unbelievable.

Offline Flex

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Re: Ish Galbaransingh in jail.
« Reply #84 on: December 07, 2010, 06:09:05 AM »
Steve, Ish judgment Dec 17
T&T Guardian Reports.


After deliberating for weeks and remaining silent on its decision on two appeals brought by fraud accused businessmen Steve Ferguson and Ishwar Galbaransingh, the Court of Appeal yesterday gave notice of judgment. In a notice published yesterday, Appeal Court judges Wendell Kangaloo, Paula Mae Weekes and Allan Mendonca stated judgment on the appeals would be delivered on December 17.

They are expected to rule on a constitutional point before them, regarding the constitutionality of the Extradition (Commonwealth and Foreign Territories) Act 1985. They also are expected to determine if the decision by Attorney General Anand Ramlogan to order the appellants’ extradition should in fact be examined by a High Court judge.

The businessmen filed appeals against the decision by Justice Vasheist Kokaram to dismiss a constitutional motion challenging the legality of the Extradition Act. The also are challenging the decision by Justice Joan Charles to refuse judicial review of the Attorney General’s decision to order their extradition. Ramlogan, on October 9, this year, signed off on warrants for the businessmen’s extradition to the United States, where they are wanted on fraud charges in relation to the construction of the $1.6 billion Piarco Airport terminal building.
The real measure of a man's character is what he would do if he knew he would never be found out.

Offline Flex

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Re: Ish Galbaransingh in jail.
« Reply #85 on: December 18, 2010, 07:24:24 AM »
Ish, Steve get stay
AG’s decision to be reviewed by High Court judge
By: Indarjit Seuraj (Guardian).


United National Congress financiers Steve Ferguson and Ishwar Galbaransingh will not be extradited—at least not this year.  Yesterday, the Court of Appeal stayed the men’s extradition until the procedure which Attorney General (AG) Anand Ramlogan adopted before signing the extradition warrants, is reviewed by a High Court judge. The businessmen, who watched from the prisoners’ dock at the appellate court, made their first appearance at court since their arrest in June.

Galbaransingh entered the courtroom with his face drawn and his hair full of grey. Ferguson looked as composed as ever.  Appeal Court Judges Wendell Kangaloo, Allan Mendonca and Paula Mae Weekes unanimously agreed that the appellants had “a realistic prospect of success” and ordered that the AG’s decision be reviewed by a High Court judge, who is yet to be appointed. But in an immediate response, attorneys for the AG served notice of appeal, to challenge the decision at the Judicial Committee of the London Privy Council.

There was some success for the State, however, as the panel dismissed a second appeal challenging Justice Vasheist Kokaram’s dismissal of a constitutional motion brought by the businessmen and challenging the legality of the Extradition (Commonwealth and Foreign Territories) Act 1985. In a written judgment yesterday, Kangaloo was critical of Justice Joan Charles’ handling of the application for judicial review. He suggested that it was hurried and decided without careful consideration, especially as it was arguable whether the AG had acted “irrationally.”

“A court exercising its powers of judicial review must, in the general scheme of things, afford itself every opportunity to ensure that it properly disposes of the arguments on a permission application,” Kangaloo said. He said notwithstanding the extradition date of October 18, which had been stated by the AG, due care should have been taken in hearing the application. “However, this fact is not by itself sufficient to justify any undue haste in the hearing of the permission application.

“Expedition, efficiency and excellence must always operate in tandem,” he said. On October 15, Justice Joan Charles refused leave for the businessmen to judicially review the AG’s decision to order their extradition. Her decision came late into the night, after hearing over ten hours of legal arguments.
The businessmen were seeking review of the AG’s decision six days earlier, when he signed warrants for their extradition to the United States where they are wanted to answer a total of 95 fraud charges arising from the Piarco Airport development project.

Kangaloo said if Charles felt she was under any time constraint due to the AG’s indications, she “erred.”
He said the judge had the power to stay the decision of the AG for her sufficient consideration of the matter. He noted, too, that deficiencies in the administration of justice in T&T, and in particular, the length of time which criminal trials take to be concluded, could not on its own be a basis for extraditing a person.
“However, these factors cannot 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,” Kangaloo said.

“We cannot be seen as shirking our responsibility to our society to ensure that justice is obtained locally, by circumventing our difficulties in the administration of justice by the extradition of the appellants.”
He said it was even more contentious when other developed nations blatantly refuse to extradite their nationals. “Even more so, when many developed countries flatly refuse to extradite their own citizens under any circumstance regardless of the consequences which may follow.” The panel had reserved its ruling on the appeals since October 28.

An application for bail brought before the panel yesterday was dismissed after the appellate judges said they had no jurisdiction to hear such an application. Lawyers for the businessmen will now go before a judge in chambers for bail on Monday. The two men had been in custody since June 15, eight days after they lost an action at the Judicial Committee of the London Privy Council.
ISH, STEVE SEEK BAIL
By Jada Loutoo Saturday, December 18 2010


FORMER United National Congress financiers Ishwar Galbaransingh and Steve Ferguson will spend the weekend in jail and will seek their freedom on Monday when they are expected to petition a High Court judge for bail.

The two yesterday scored a partial victory in the Appeal Court, which affirmed one of their two appeals and has, again, effectively forestalled their extradition to the United States on bid-rigging and money laundering charges arising out of the Piarco Airport expansion project in 2001.

Justice Andre Mon Desir is expected to hear the bail application and may have done so yesterday since the Appeal Court agreed with the State that it did not have jurisdiction to hear such an application. A much thinner, greyer Galbaransingh, dressed in a pink polo jersey with blue stripes and blue trousers, smiled to his relatives in the courtroom and so too did Ferguson, who wore a white shirt with red stripes, with its sleeves rolled up to his elbows, and black pants.

Both men looked tired and aged. They have been incarcerated since June. The judges said the two had demonstrated arguable grounds for judicial review with a realistic prospect of success and were entitled to be granted leave to apply for judicial review of Attorney General (AG) Anand Ramlogan’s October 9 decision to order their extradition to the United States to face criminal prosecution.

The court, comprising of Justices of Appeal Wendell Kangaloo, Allan Mendonca and Paula Mae Weekes, also ordered a stay of the AG’s decision to extradite.

The men’s judicial review application was sent back to the Registrar of the High Court for a judge to be assigned the case.

And in an immediate reaction, the State has indicated its intention to approach the London-based Privy Council to appeal the appellate court’s decision to allow the appeal.

In a unanimous decision, the local appeals court while agreeing that the men had demonstrated arguable grounds for judicial review, also found that they did not show that the Extradition (Commonwealth and Foreign Territories) Act was unconstitutional. One of the judges hearing the men’s appeals described the men’s legal battle as one of “epic proportions” which has “engaged the attention of the courts at every level of our legal system.”

In the latest chapter of the litigation, Galbaransingh and Ferguson challenged the constitutionality of the Extradition Act; also a High Court judge’s refusal to grant leave to have reviewed Ramlogan’s decision, on October 9, to have them extradited to the United States.

In their ruling in favour of the appeal which sought leave of the courts to review the AG’s decision to extradite, Kangaloo said, “It must be remembered that these appellants are citizens of Trinidad and Tobago whose extradition to the United States was requested while the prosecution against them was still ongoing in the local courts.”

He acknowledged that these were matters which must have weighed heavily in the mind of the AG in coming to his decision on whether to order the surrender of these appellants, saying that at the permission stage, it was certainly arguable whether the AG’s decision to order the appellants’ return was irrational.

“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. We cannot be seen as shirking our responsibility to our society to ensure that justice is obtained locally, by circumventing our difficulties in the administration of justice, by the extradition of the appellants. Even more so when many developed countries flatly refuse to extradite their own citizens under any circumstances regardless of the consequences which may follow,” he said in a strongly worded ruling which he gave separately.

Mendonca and Weekes also agreed that there were arguable facts based on the issue of the appropriate jurisdiction in which to prosecute the men.

Mendonca said an explanation from the AG was required to show how the US was the favourable forum and jurisdiction to prosecute the men and his approach to coming to his decision could give rise to an argument that his decision “was irrational or unreasonable.”

He also cited other arguments submitted by the men’s lawyers on the AG’s disregard to several pertinent factors in the case, adding that the two had “an arguable case on the ground of irrationality and unreasonableness and the judge ought not to have refused leave in that regard also.”

“The judge was therefore wrong to refuse the application for leave to apply for judicial review,” he said. Justice Joan Charles, who immediately refused to grant the men leave to apply for judicial review after a marathon session on October 15, was criticised for doing so, with Kangaloo saying that to the extent that she felt she was constrained by the AG’s announcement that the two were to be extradited on October 18, she erred.

“This fact was not by itself sufficient to justify any undue haste in the hearing of the permission application.

“Expedition, efficiency and excellence must always operate in tandem. A court exercising its powers of judicial review must, in the general scheme of things, afford itself every opportunity to ensure that it properly disposes of arguments on a permission application.

“It was always open to the learned judge to grant an interim stay of the AG’s order for return and give herself sufficient time to properly receive and digest the appellants’ arguments for permission,” he said.

“The purpose of judicial review is to keep the executive in check and to prevent the citizen from arbitrary, unwarranted and unlawful executive action. Such protections are part of the wider concept of the rule of law which lies at the foundation of any democratic society,” he said, as he suggested that the Rules Committee of the Judiciary of Trinidad and Tobago look at adopting similar rules and procedures in the UK on judicial review applications to streamline the process locally.

“It was once said of judicial review that it is galloping jurisprudence. In my view it is now jurisprudence which has past the stage of galloping and is now at racing pace. As such the procedural rules applicable to judicial review proceedings must keep pace with this rapid expansion and growth,” he said.

Galbaransingh and Ferguson are accused of conspiracy, wire fraud, money laundering and bid- rigging in relation to two construction packages for the Piarco Airport construction project.

The charges indicated the alleged acts took place in the United States and elsewhere between 1996 and 2001.

Ferguson alone is wanted on an 82-count indictment, including charges of laundering US$3,255,345 ($20,508,673) between the period November 24, 2000 and March 28, 2002.

Galbaransingh is wanted on a 13-count indictment, including charges of laundering US$1million ($6.3 million) between the period June 19, 2001 and December 10, 2001.

They are charged in accordance with Sections 44, 45 and 46 of the Proceeds of Crime Act 2000.

A United States grand jury returned the indictment against the two on November 29, 2005.

Charges against Galbaransingh and Ferguson in the local courts were discontinued, in favour of prosecution in the American courts.

Six foreign nationals have already been sentenced for their roles in the bid-rigging scheme.

The men benefitted from an almost 50 percent reduction of the penalties as part of a plea bargain arrangement with the US officials, and received jail time, were house arrested and were ordered to pay fines and atonement to the TT Government.

Appearing for Ferguson were Fyard Hosein, SC, Rishi Dass, Sasha Bridgemohansingh instructed by Nyree Alfonso while Andrew Mitchell, QC, Rajiv Persad, also instructed by Nyree Alfonso represented Galbaransingh.

The State was represented by Avery Sinanan, SC, instructed by Kelvin Ramkissoon.
« Last Edit: December 18, 2010, 07:36:02 AM by Flex »
The real measure of a man's character is what he would do if he knew he would never be found out.

Offline Bourbon

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Re: Ish Galbaransingh in jail.
« Reply #86 on: December 19, 2010, 01:03:37 AM »
 :whistling:
The greatest single cause of atheism in the world today are Christians who acknowledge Jesus ;with their lips and walk out the door and deny Him by their lifestyle. That is what an unbelieving world simply finds unbelievable.

Offline rotatopoti3

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Re: Ish Galbaransingh in jail.
« Reply #87 on: December 19, 2010, 10:56:55 AM »
if dey guilty..den stop uckking around...

if dey innocent...call ah spade ah spade
Ah say it, how ah see it

Offline Bourbon

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Re: Ish Galbaransingh in jail.
« Reply #88 on: December 19, 2010, 11:52:05 AM »
if dey guilty..den stop uckking around...

if dey innocent...call ah spade ah spade

Well we cant find out either if dey doh get extradited ent?
The greatest single cause of atheism in the world today are Christians who acknowledge Jesus ;with their lips and walk out the door and deny Him by their lifestyle. That is what an unbelieving world simply finds unbelievable.

Offline Bakes

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Re: Ish Galbaransingh in jail.
« Reply #89 on: December 19, 2010, 02:05:36 PM »
if dey guilty..den stop uckking around...

if dey innocent...call ah spade ah spade

Well we cant find out either if dey doh get extradited ent?


That's the thing... I read them two posts by Flex yesterday and decide I not even bothering with ah response b/c I really not understanding the basis (legal, factual, logical... whatever) why these men have been able to duck extradition for so long.  You'd swear is ah homosexuality charge we was extraditing them tuh Saudi Arabia for.