ATTORNEY General Faris Al-Rawi has signed the Authority to Proceed (ATP) paving the way for the start of extradition proceedings against corruption accused, former Fifa Vice President Jack Warner, who is wanted in the United States. The announcement was made yesterday as Warner returned to the Portof- Spain Magistrates’ Court.
Although Hosein acknowledged that Al -Rawi had written to the Chief Magistrate seeking an extension, he noted there was no authority for one to be given. He insisted that in accordance with the provisions of the Extradition (Commonwealth and Foreign Territories) Act, the provisional warrant issued for Warner’s arrest in May on US charges of racketeering, wire fraud and money laundering conspiracies, should be automatically discharged.
Hosein cited Section 12 (3) of the Extradition Act which provides for a person arrested on a provisional warrant to be discharged if no authority to proceed has been received by the magistrate. “It is important to us for you to make an order of discharge,” Hosein said.
“It is a requirement of the legislation and the importance of the liberty of the subject,” he added.
However, lead counsel for the State James Lewis QC, submitted that to discharge Warner under the provisional warrant would be strictly academic as the court only now had the jurisdiction over the extradition proceedings with the signing of the ATP. He said Warner should have applied for the discharge immediately upon expiration of the deadline last week.
Lewis said Warner was now before the court on fresh charges which differed from those listed on the provisional warrant and the matter had now entered the committal phase with the issuance of the authority to proceed. “It is a simple position,” Lewis said, advising the court that its duty under Section 10 (1) of the Act was to set a timetable for the extradition hearing. He also indicated that the State will not be objecting to Warner continuing on the $2.5 million bail.
But Hosein insisted he wanted all parties to “get it right” and in accordance with the law, as he pressed for the discharge of his client on the provisional warrant, adding also that Warner may require it for future legal proceedings against the extradition. Wellington adjourned the case to Friday when he will make his ruling.
“I am troubled by the difference of opinion between the parties on this point and I need time to consider all that is before me,” Wellington said. The State was also represented yesterday by Pamela Elder SC and included Brent Hallpike and Head of the Central Authority Netram Kowlessar. Six other members of the team were fired last week by Al-Rawi last Friday. Representing Warner were Nyree Alphonso, Sasha Bridgmohan, Rishi Dass and Anil Maharaj.
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Fifa corruption: Jack Warner extradition proceedings approved.
BBC News
US extradition proceedings against Jack Warner, a former vice-president of football's world governing body Fifa, are to go ahead after being approved by Trinidad's attorney general.
The US wants to try Mr Warner, 72, a Trinidadian national, on corruption charges. He is accused of accepting millions of dollars in bribes.
He and 13 other current or former Fifa officials were indicted in May.
He denies the charges and is currently fighting the extradition attempt.
Last week, Switzerland approved the extradition of ex-Fifa Vice-President Eugenio Figueredo to the US.
Mr Figueredo, from Uruguay, was arrested in May while in Switzerland for a Fifa congress.
So far, only one arrested official - former Fifa Vice-President Jeffrey Webb, from the Cayman Islands - has agreed to be extradited.
After being extradited from Switzerland to the US, Mr Webb pleaded not guilty to accepting bribes worth millions of dollars in connection with the sale of marketing rights.
He was placed under house arrest on $10m (£6.4m) bail by a New York judge.
The king of Caribbean football
As the head of Caribbean and North and Central American football (Concacaf), Mr Warner was one the most powerful men in world football.
His support was seen as essential for any World Cup host bid. However, he has been dogged by allegations of corruption.
The US alleges that Mr Warner has been involved in corrupt practices for more than two decades.
Mr Warner's case has been adjourned until Friday due to a legal dispute over a technicality.
In June 2015, a BBC investigation found evidence of bribes paid to Mr Warner.
Jack Warner: The US charge sheet
Accused of racketeering, wire fraud, money laundering, bribery
From the early 1990s, he allegedly "began to leverage his influence and exploit his official positions for personal gain"
Allegedly accepted a $10m bribe from South African officials in return for voting to award them the 2010 World Cup
Allegedly bribed officials with envelopes each containing $40,000 in cash; when one demurred, he allegedly said: "There are some people here who think they are more pious than thou. If you're pious, open a church, friends. Our business is our business"