Extradition proceedings against former FIFA vice president Jack Warner can move forward as three appellate court judges have dismissed his judicial review claim challenging his extradition to the US.
However, the Appeal Court has stayed the magisterial proceedings for 21 days pending an application by Warner for permission to argue his case at the Privy Council.
Warner challenged the process by which the extradition proceedings against him are being carried out and seeks to quash the authority to proceed (ATP) which was signed in 2016 by Attorney General Faris Al-Rawi. The ATP gave the magistrate the green light to begin committal proceedings. Warner also challenged the legality of the Extradition (Commonwealth and Foreign Territories) Act, and the treaty signed between this country and the US.
In a 40-page written decision this morning, Justices of Appeal Gregory Smith, Prakash Moosai and Andre des Vignes said the extradition treaty had not been shown to lack conformity with the Act and there was no merit in Warner’s case that the US order which declared that country as a declared foreign territory was not valid.
“Therefore, the pending extradition proceedings in respect of the appellant before the magistrate are valid,” the judges held, adding that “there was no denial of justice in the issuance of the ATP by the Attorney General.”
Warner is wanted in the US for a series of fraud-related offences allegedly committed during his tenure as vice-president of world football’s governing body FIFA.
He surrendered himself to fraud squad officers on May 27, 2015, after learning of the provisional warrant.
He is currently on $2.5 million bail.
Senior Counsel Douglas Mendes appeared for the AG along with Michael Quamina and Sean Julien while Fyard Hosein, SC, Rishi Dass, Sasha Bridgemohansingh and Anil Maraj represented Warner.