QC on appeal over Ish and Steve’s extradition: AG ignored legal advice

 

Notwithstanding this, Lewis said: "On the other hand, I am informed the claimants can be tried in Trinidad and Tobago almost immediately on the same conduct." Sources say one week before Ramlogan publicly announced his December 19, 2011, decision not to challenge Boodoosingh's ruling, the matter was discuseed with Lewis and Alan Newman, QC. Lewis was reportedly assured the businessmen would receive a speedy trial at the local courts and Lewis tailored his advice based on the instructions given to him. Lewis said in his opinion, Boodoosingh fell into error  "and there are good chances of a successful appeal against his declarations." The Queen’s Counsel also noted the correct relief  would have been ”to remit the matter back to the AG for re-decision, having allowed the claimants the opportunity to respond to the representations of the United States of America and the DPP,"  rather than simply quashing Ramlogan’s October 9, 2010, decision to have the businessmen extradited. Lewis added: “From a just point of view these claimants must be tried as soon as possible. Pragmatically that means they should be tried in Trinidad and Tobago and the further inevitable delays consequent or continuing the extradition proceedings make, in my view, an appeal untenable. “However, in the final analysis, it is a matter for the AG who has complete discretion whether to appeal or not in this matter.”

 

Galbaransingh and Ferguson are wanted in the US to face a series of fraud-related charges. Throughout their court appearances the men contended the alleged offences occurred in T&T and as such ought to face trial locally. They are before Magistrate Ejenny Espinet in the Port-of-Spain Magistrates Court, facing a plethora of charges arising from the Piarco Airport Development project. These charges are expected to be dismissed under the recently-proclaimed Administration of Justice (Indictable Proceedings) Act 2011. On numerous occasions, Ramlogan assured the country and US officials the men would face trial in T&T. Ramlogan, in responding to a release by the US Embassy on December 20, 2011, said in a statement: "Of paramount importance is the question of where... the defendants are likely to be brought to justice in the quickest and shortest possible time. "Not appealing means that the way is cleared for courts in Trinidad and Tobago to commence the trial of the defendants without further delay. “It does not mean that the defendants will walk free without facing trial—a possible prospect if the State appealed. “The Attorney General has every confidence in the ability of the Supreme Court of Justice of the Republic of Trinidad and Tobago to competently and fairly try these defendants and deliver justice according to law.” His statement added: "Like the United States of America, the state of Trinidad and Tobago has also incurred great expense in this matter in which close to $100,000,000 has been expended in time and money. “The defendants have exercised all their pre-trial legal options and the road is therefore now clear for the criminal justice system to get into high gear and commence their trial.” The US Embassy in its release had expressed disappointment over Ramlogan's decision not to appeal Boodoosingh’s ruling.