Former government minister Jack Warner's judicial review lawsuit challenging Attorney General Faris Al-Rawi's decision to sign off on the request to have him extradited to face charges in the ongoing Fifa bribery scandal is expected to kick off early next year.
Trial Judge James Aboud was eager to set trial dates for the case, when it came up for hearing in the Port-of-Spain High Court yesterday, as attorneys for Warner and the AG's Office informed the court that all their evidence had been filed and pre-trial issues resolved.
However, while Aboud gave the legal teams deadlines in January and February next year by which to file their submissions in the case, he was unable to set a date for the trial due to an outstanding procedural application filed by the United States government seeking to intervene in the matter.
In the application, which is being considered by the Court of Appeal after being rejected by Aboud, the US is seeking to be made an interested party in the lawsuit, giving it permission to make submissions in the case, independent of those by the AG's Office, which is representing its interests.
The Appeal Court heard the application last month and has reserved its decision.
Addressing the attorneys yesterday, Aboud lamented the delay in the case caused by the US's attempted intervention.
"The thing is it may be that this application is retarding the momentum of this case a bit. It may not be intentional but we are being held back," he said.
Aboud adjourned the case to March 13, next year, for the selection of a trial date as he said that the appeal judgment should be ready by then.
Warner, in his claim, is questioning the procedure adopted by the Office of the Attorney General in signing off on the US's request for his extradition made in May, last year, at the end of the US Department of Justice's investigation into Fifa. He is facing fraud and money-laundering charges related to his two decades as a vice-president of world football's governing body.
Earlier this year, Aboud granted Warner a stay of his ongoing extradition proceedings currently before Chief Magistrate Marcia Ayers-Caesar, which will expire after Aboud decides on the legality and constitutionality of his extradition.
Warner's attorneys are alleging that this country's extradition treaty with the US contradicts the Extradition (Commonwealth and Foreign Territories) Act.
They are claiming that, in passing the Act, Parliament afforded citizens certain protections which are ignored by the international treaty.
He is also complaining that Al-Rawi failed to give his attorneys a fair opportunity to make representations to him before he signed off on the Authority to Proceed, which was required to kick off the proceedings before Ayers-Caesar.
Shortly after taking over the case from his predecessor Garvin Nicholas in September, last year, Al-Rawi extended the option to Warner.
However, his attorneys allegedly refused as they said it was made a day before Al-Rawi was required to approve the extradition.
Warner is being represented by Fyard Hosein, SC, Nyree Alfonso, Rishi Dass and Anil Maraj, while the State is being represented by Douglas Mendes, SC, and Michael Quamina.