Ex-government official on extradition: US promised to treat Warner fairly

Jack Warner -

The Attorney General’s Office confirmed in court documents that it cannot locate a written copy of a key extradition agreement for former FIFA vice president Jack Warner though it insisted that the United States provided proper diplomatic assurances.

The revelation came in an affidavit filed by Graeme McClean, former head of the Central Authority Unit, as part of Warner’s constitutional challenge before the High Court.

McClean’s affidavit was signed on July 8, 2024.

Warner is fighting extradition to the United States to face charges of fraud, bribery and money laundering, dating back to his time as a top official in world football.

McClean said that while a Certificate of Specialty – meant to ensure Warner would only be prosecuted for the charges listed in the extradition request – was signed in 2015, no written agreement supporting that certificate has been found in the Central Authority’s records.

“I have not been able to recover a written version of the standing special arrangement between the Government of the USA and the Government of the Republic of Trinidad and Tobago…The standing special arrangement in these matters was reflected in Certificates of Specialty issued by the Attorney General in the same terms as the Certificate of Specialty issued by the Attorney General in respect of the claimant.

“I have not had, and do not have, any reason to believe that the standing specialty arrangement which has been in place for years was not followed or will not be followed.”

In response to a 2023 Freedom of Information request from Warner’s attorneys, McClean confirmed that the search produced no written version of the arrangement between TT and the US.

Still, he noted that such certificates have been routinely used in 42 US extradition requests under the treaty since it came into force in 1999. He provided copies of similar certificates signed by AG John Jeremie, SC, when he previously held the post of AG under the Patrick Manning administration and former AG Anand Ramlogan.

To also support the validity of the process, the US Embassy in Port of Spain issued Diplomatic Note No. 2023-068 on February 28, 2023.

The note read:“The United States assures Trinidad and Tobago that if Jack Warner is returned to the United States, he will not, until he has left or has been free to leave the United States, be detained, prosecuted, or punished for any offence committed before his return other than: (a) the offence(s) for which he was extradited, (b) any lesser offence (s) proved by the facts proved before a magistrate on the extradition proceedings leading to his return, or (c) any other offence (s) being an extradition offence for which the Attorney General of Trinidad and Tobago may consent to his being so dealt with.”

McClean included the diplomatic note as evidence and said it reaffirmed the long-standing understanding between the two countries.

Warner’s legal team argues that without a formal, written agreement in place at the start of the extradition process in 2015, the law and Warner’s constitutional rights may have been breached.

On August 5, attorneys representing the state informed High Court judge Karen Reid that Jeremie has launched an investigation into the past handling of the case.

Warner welcomed the move, saying it was a “turning point for justice in Trinidad and Tobago.”

“I am happy that the present AG, John Jeremie, will get to the bottom of the wrongs that were committed against me by his predecessors. This issue goes to the administration of justice and the rule of law in this country.”

In referring Warner’s challenge to the High Court, former chief magistrate, now judge, Maria Busby Earle-Caddle said the written agreement was a precondition to the authority to proceed, and in the absence of one, there appeared to be a “colossal misrepresentation” by the team representing the state. This, she said, must be examined and, if true, condemned.

Warner’s challenge centres on the "speciality principle," which bars prosecution for any offences not listed in an approved extradition request. Warner argued that the absence of a written agreement – required by law – renders the 2015 authority to proceed invalid.

Warner’s extradition case in the magistrates’ court remains on hold until his challenge is determined by the High Court, which has been adjourned to October 3.