Politics

• OVER TO THE DPP: AG explains why no appeal in Ish, Steve extradition as deadline expires

  20th of December, 2011

  

  By Keino Swamber keino.swamber@trinidadexpress.com

   

  THE 42-day period granted to the State to appeal the ruling of High Court judge Justice Ronnie Boodoosingh in the extradition matter of businessmen Ishwar Galbaransingh and Steve Ferguson expired at midnight last night without an appeal being filed.

  In a statement to the media yesterday, Attorney General Anand Ramlogan outlined his reasons for not challenging Boodoosingh's November 7 decision to not have Galbaransingh and Ferguson extradited to the United States to answer charges arising out of the controversial Piarco International Airport construction project.

  Boodoosingh said to do so would be unjust, oppressive and unlawful and that they should face trial in a local court. The men are wanted in Florida where they were indicted on fraud charges relating to financial transactions during the construction of the airport.

  Galbaransingh faces 13 charges, among them wire fraud, conspiracy to launder money and engaging in unlawful transactions, while Ferguson faces a total of 82 charges, which also include wire fraud and conspiracy to launder money.

  The local charges allege bid rigging and conspiracy to defraud the Government of Trinidad and Tobago and the offences are said to have been committed between March 1, 1997 and December 21, 2000.

  Ramlogan said yesterday on the advice of British extradition expert, James Lewis QC, a decision was taken to leave Boodoosingh's decision unchallenged.

  "Although there may be certain aspects of the judgment of Mr Justice Boodoosingh which, in Counsel's (Lewis's) view are open to criticism, Counsel has advised that such criticisms may not provide grounds of appeal of sufficient gravity that would lead inexorably to an overturning of his decision," Ramlogan said.

  "One does not appeal for the sake of appealing, or out of pique, but rather to advance the ends of justice." Ramlogan said the decision to not appeal would be in the best interest of all concerned.

  "This paves the way for the DPP, in the exercise of his independent function, to take the necessary steps to lay the indictments for which the claimants have been committed in respect of the conduct and charges relating to Piarco No. 1.

  "Further, it is open to the DPP to consider again, in an independent exercise of his discretion, whether to reinstate charges withdrawn in respect of conduct relating to CP 9 and CP 13 packages of the Airport Construction Project."

  In his advice to Ramlogan, Lewis reasoned that the extradition proceedings had been ongoing for five-and-a-half years. He said Galbaransingh and Ferguson are well funded and determined to assert every possible right of appeal and have demonstrated their determination to do so at every opportunity.

  "It follows that even if the AG were successful in the Court of Appeal, the claimants could, and almost certainly would, appeal to the Privy Council."

  Lewis said if the appeal succeeds at the level of the Court of Appeal and Privy Council, a further period of two to three years would have elapsed.

  He said the best that can be achieved is the matter being remitted back to the Attorney General for reconsideration.

  Lewis said if the Attorney General decides, once again, to order Galbaransingh and Ferguson's extradition, the men would still have the right to have the decision be subject to judicial review in the High Court and at the Privy Council. This, he said, may take another three to five years to complete.

  "Of course if the claimants were ultimately successful, this further passage of time may make any domestic proceedings unfair at that time.

  "This timing issue, coupled with the ability to retry the claimants in Trinidad becomes, in my view, the decisive issue considering the interests of justice."

  Lewis said further consideration must be given to the fading memories of witnesses, the amount of money spent to date without a trial before a judge and jury, the near completion of the preliminary enquiry into Piarco 2 and the strong sentiments expressed by the courts, including the Court of Appeal, which favour trial before the Trinidad courts.

  Full text of the AG's

   

   
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