Sir Ellis Clarke, one of the architect of Trinidad and Tobago's two constitutions and its first President, has said businessmen Ishwar Galbaransingh and Steve Ferguson should be tried in Trinidad and Tobago. Sir Ellis has also strongly criticised the "prosecuting authorities" in the matters pertaining to Galbaransingh and Ferguson. The former Head of State made his assertions in a written legal advice, said to have been issued free of charge to relevant stakeholders in the matter.
He said the case for Trinidad and Tobago being the proper forum for trial "is lucid, comprehensive and, I would add, compelling." He also pointed to "the glaring inconsistency in seeking the extradition of Eduardo Hillman-Walker on the ground that Trinidad and Tobago is the 'forum conveniens' (proper forum) but rejecting that very ground in order to extradite Steve Ferguson and Ishwar Galbaransingh." Sir Ellis stressed: "It is difficult to see how an Attorney General, applying the law to the facts in this matter, and ignoring, as he must, irrelevant and unfair considerations, could fail to find that Trinidad and Tobago is the proper forum." He also spoke out about "the conduct of the prosecuting authorities."
He said: "The facts and circumstances set out in the representations manifest a deplorable lack of objectivity and an unhealthy collusion by the prosecuting authorities, to ensure that the defendants would be subjected to the maximum inconvenience and the perils of a prosecution in the US." Sir Ellis also challenged the validity of Act 12 of 2004, which amends the Extradition Act (No 36 of 1985). Of the more recent legislation, he said: "It facilitates the deprivation of the right of the individual to life, liberty and security of the person by making admissible 'evidence' which otherwise would not be and, therefore, diminishing the jurisdiction of the magistrate to determine what is or not admissible according to the 'law' as defined."
He referred specifically to Section 19 A (2) and "the wholly unacceptable 'record of the case.'" Galbaransingh and Ferguson are on 95 charges pertaining to the upgrade of the Piarco International Airport in the early 1990s. They have been seeking to avoid extradition to the US to face charges. Through their attorneys, they are asking Attorney General Anand Ramlogan not to have them extradited. Just over a month ago, the Judicial Committee of the Privy Council declined to grant them permission to appeal to the British law lords. Galbaransingh and Ferguson are contesting the constitutionality of the Extradition Act. They say their matter is far advanced and, as a result, are insisting that Trinidad and Tobago is the appropriate location for their trial.
About Sir Ellis Clarke
Sir Ellis Clarke was Trinidad and Tobago last Governor-General and first President. He was the leading framer of both the 1962 independence and 1976 republican constitutions. He also served as Attorney General, Solicitor General, Deputy Colonial Secretary and an ambassador of T&T. He is a former island scholarship winner.