Former FIFA vice-president Jack Warner is seeking to have the extradition committal proceedings against him put on hold until he has an opportunity to appeal Justice James Aboud’s ruling, which cleared the way for the start of the magisterial proceedings.
Warner returned to the Port of Spain Magistrates Court yesterday, when attorneys for the United States told acting Chief Magistrate Maria Busby Earle- Caddle that Warner had filed an appeal which also includes an application for the extradition proceedings to be put on hold.
Hearing of the application has been set for December 18, attorney Netram Kowlessar, of the Central Authority, itold Earle-Caddle.
He suggested, and it was agreed to by Warner’s attorneys and the acting chief magistrate, for the matter to be adjourned for mention to a date in January, at which time they will be able to say whether the appellate court has granted the stay of the proceedings.
The extradition proceedings before the acting chief magistrate have been adjourned to January 16.
In September Aboud threw out Warner’s judicial review claim challenging his extradition to the United States, where he is wanted on charges for a series of fraud-related offences allegedly committed during his tenure as vice-president of world football’s governing body, FIFA.
In his ruling, Aboud recognised that though there were minor inconsistencies between the Extradition Treaty and Extradition (Commonwealth and Foreign Territories) Act, the treaty was not part of the domestic law.
“Neither the Attorney General nor the magistrate is legally bound by any of its provisions.
“Every accused person is entitled to the due-process protections in our legislation,” he held.
Aboud said if a warrant of extradition was signed by the AG, it would be in accordance with domestic law, not the treaty.
“The officer who grants it is a judicial authority who will apply the domestic law and not the treaty,” he said.