US loses in Appeal Court in bid to be part of Warner extradition case

Friday, December 16, 2016 - 14:45

An Appeal Court panel headed by Chief Justice Ivor Archie and including Appeal Justices Allan Mendonca and Peter Jamadar, unanimously ruled today against the US Government in its appeal in the Judicial Review matter associated with the extradition case against Jack Warner.

A written judgment was penned by Justice Mendonca, to which CJ Archie and Justice Jamadar expressed agreement. 

The panel of judges dismissed the US government's appeal of the judgement of Justice James Aboud last June in which Justice Aboud denied the US Government permission to join in the Judicial Review proceedings filed by Mr Warner against Attorney General Faris Al Rawi for Al Rawi's decision to sign the Authority to Proceed (ATP) in the extradition case.

The appeal court judges ruled that in the ongoing proceedings, "it is the obligation of the Requested State to appear on behalf of the Requesting State and represent its interests," adding that the USA has not shown that its interests and that of the AG are different.

The judges said this raised the question of why the need for separate representation and placed onus on the USA to prove that it could make a useful contribution to the case if allowed to join in, which the USA failed to do.

The court ruled that costs would be awarded to Mr Warner, the quantum of which would be decided in 14 days.

Mr Warner was represented by Fyard Hosein SC, Rishi Dass and Anil Maraj.