2 weeks ago
4
Opposition Senator Faris Al-Rawi speaks at a media conference held at the Office of the Opposition Leader, Port of Spain, on August 6. - Angelo MarcelleOPPOSITION Senator Faris Al-Rawi feared the latest moves in the extradition case against former FIFA vice president Jack Warner could undermine a string of other extradition proceedings including potential new cases against drug-traffickers and gun-runners.
The former attorney general expressed his alarm at a news briefing at the office of the Opposition Leader in Port of Spain on August 6. The briefing came after news that Attorney General (AG) John Jeremie has launched a probe into the actions of past AGs in the Warner matter, as revealed on July 5 by UK attorney Robert Strang representing the AG at Warner's constitutional challenge to his extradition to the US heard by High Court judge, Justice Karen Reid.
Strang told the court that a key document – a US/TT agreement demarcating the offences for which Warner would face charges in the US – could not be found.
He had apologised to Warner and requested an adjournment to facilitate Jeremie's investigation to try to locate the missing document.
Strang had then seemed to allude to a past misrepresentation by the past AG's Office, as he apologised to Warner “for the fact that the Judicial Committee of the Privy Council was not allowed to make a determination of his case on a correct understanding of the facts.
“Now, whether that was done dishonestly or improperly on the part of the Office of the Attorney General is a matter for further investigation by the present occupant of the AG’s office.”
Al-Rawi at length traced the history of the extradition matter which he said had begun on May 27 2015 with a provisional warrant to arrest Warner, followed by the US lodging a request for extradition on July 24 2015.
He made the point that he deeply valued the TT/US relationship and under his tenure as AG, he had gone so far as to have the AG's Office pay for an independent legal representative for the US in the matter.
Al-Rawi took issue with Strang apologising to Warner even as Jeremie still had the whole matter under investigation.
He cited an affidavit by Graeme Mc Clean, former head of the Central Authority in the AG's Office, as saying the certificate of speciality for Warner's extradition had in fact mirrored that document as issued in similar cases over the years by past AGs, and so reflected the terms of the US/TT special standing arrangement. Mc Clean said he could not locate the latter document.
Al-Rawi quoted Mc Clean, "I have not had and do not have any reason to believe that the standing speciality agreement which has been in place for years was not followed or will not be followed."
Al-Rawi further quoted Mc Clean as indicating that documents served on Warner in March 2023 had included a US diplomatic note promising that Warner, if sent to the US, would not be "detained, prosecuted or punished" for any other offence than that for which he was extradited, any lesser offence or one agreed by the AG.
Mc Clean's affidavits concluded, "I am therefore satisfied that if extradited to the USA, the claimant (Warner) will not be prosecuted for any offence(s) other than the offence for which extradition has been requested."
Al-Rawi suggested the US might wish to apply to the court to become an interested party to the proceedings.
Al-Rawi questioned the switching of the AG's legal team which had included UK-based James Lewis KC, Ravi Rajcoomar and Vanessa Gopaul, to be replaced by Strang whom Al-Rawi alluded to being relatively junior, unlike Lewis who was globally-renown for extradition cases.
Al-Rawi also queried the government's hiring of former AG Anand Ramlogan, saying judgement was still awaited in the bribery case of UK-based King's Counsel Vincent Nelson in which Ramlogan had faced fraud charges (in the past matter of the AG's Office billing of contracted attorneys).
In the question session, a reporter asked if all this suggested moves afoot to wrangle Warner out of extradition proceedings.
Al-Rawi replied, "I can't say."
However, he repeated his concern about the entire legal team of the AG's Office being fired and replaced by a relatively junior attorney (Strang.)
Expressing surprise at Strang's apology to Warner, Al-Rawi dubbed it "precipitous, premature, dangerous."
"How did Mr Strang reach to the court and apologise, if we have not had any investigation yet?
"I find it passing alarming, especially when you fire everybody."
Asked if the government had given up the Warner extradition case too easily, Al-Rawi remarked that he perceived "some big red flags." He then wondered if other accused persons such as those facing charges in US law courts over the controversial Piarco Airport expansion project might now also lodge complaints about the speciality certificates in their own court cases.
Warner, a former minister in the People's Partnership government (2010-2015), could face charges in the US law courts of fraud, racketeering and illegal wire transfers under his tenure at FIFA.
English (US) ·