Tuesday February 9th, 2010
- Last update:13 hours 24 min ago
British QCs challenge Bereaux
Judge steps down from extradition appeal
Published: 27 Oct 2009
British Queen’s Counsel, Edward Fitzgerald, left, and Geoffrey
Robertson, leave the Hall of Justice, Port-of-Spain yesterday
after the extradition appeal was put off to January.
PHOTO: KARLA RAMOO
Four days had been set aside for the hearing of the appeal of businessmen Ishwar Galbaransingh and Steve Ferguson who are challenging their extradition to Miami. But before it could start yesterday, lawyers representing the two men, challenged one of the judges on the three-member panel. The appeal was due to begin before Justices Nolan Bereaux, Rajendra Narine, and Gregory Smith. Both Geoffrey Robertson QC and Edward Fitzgerald QC, challenged Justice Bereaux, saying it was wrong for him to preside on the appeal, having already presided in one of the cases in the High Court. They also complained that Bereaux had made certain remarks, which could lead to a perception of apparent bias.
Robertson said he was surprised when he turned up in court to see Bereaux as one of the judges. He said attorneys had been trying to find out who the members of the appeal panel were, but were unsuccessful. Robertson said everywhere in the world, the parties are informed of judges who are going to sit on cases. He said attorneys put aside their time, and their clients expended monies to have them flown from London for the appeal. The British QC said the appeal would have to be put off to a time convenient to all parties. Bereaux agreed to step down. The court rose for sometime to find a new quorum, but that was impossible. Bereaux said, “We cannot get a panel, not even for tomorrow, so it has to go off. The appeal remains urgent,” he added.
Bereaux said the court was prepared to sit in December, but the British lawyers were not available. It was eventually decided that the appeal would be heard over five days, starting January 11, 2010. Robertson appeared for Galbaransingh, while Fitzgerald, leading Hema Singh, represented Ferguson. James Lewis QC and David West, appeared for the Commissioner of Prisons and the Attorney General. Ferguson and Galbaransingh are appealing the decision of Justice Charmaine Pemberton, who on May 6, dismissed their habeas corpus application. Galbaransingh is also appealing the dismissal of his constitutional motion on May 20. Ferguson and Galbaransingh have filed numerous applications over the last three years to avoid extradition.
Ferguson is contending that there was a conspiracy to get him to the US, and that the charges did not exist in law. On July 14 2008, Chief Magistrate Sherman Mc Nicolls ordered that Ferguson and Galbaransingh be extradited to face the charges in the Miami Federal Court. Ferguson and Galbaransingh are wanted in the United States Southern District of Florida court to answer 95 charges of fraud, including money laundering, arising out of the construction of the Piarco Airport Terminal building. Six of the co-defendants, pleaded guilty in 2006 and are serving prison terms, the highest being six years. They have also agreed to pay more than US $6 million in restitution to the Government of T&T.
You'd think that as senior
You'd think that as senior judge like Bereaux, having read the transcripts that come before him prior to the hearing, would have sense enough to know he cannot judge an appeal in a case in which he was the judge.
Monkey Island indeed, where justice is blind, deaf and dumb!
...a setup by any other name
...a setup by any other name is just that....a setup....
Let us hope that this case
Let us hope that this case doesn't serve as a diversion or distraction from the alleged corruption that seems to be continuing full speed ahead, business as usual. Or will it serve as lessons for the current crop to see the loopholes that crop up in the process?
....when the true story of
....when the true story of this saga finally sees the light of day....the moral and legal bankruptcy of the PNM will be exposed...
http://www.dsaltsman.blogspot
http://www.dsaltsman.blogspot.com/
If the crooks at Udecott can frustrate the system with their highly paid lawyers why can't other crooks do the same?
If the crooks at Udecott can
If the crooks at Udecott can frustrate the system with their highly paid lawyers why can't other crooks do the same?
IF IT IS NOT
IF IT IS NOT -
If it is no longer innocent until proven guilty, let us hang and lock up everybody. Everybody not only the ones we dislike our friends and family included, without a trial.
...the fact is that these
...the fact is that these people haven't been found guilty of anything in almost six years of relentless prosecution by Jeremy and his cohorts....this is a political prosecution, plain and simple.....
....JJ owns the invisible
....JJ owns the invisible hand that rocks the legal cradle in T&T...too bad the setup didn't make it past the post.....it seems that Bureaux is the Mc Nicholls of the supreme court.....
Mr Robinson Sir
Mr Robinson Sir
Robertson said he was surprised when he turned up in court to see Bereaux as one of the judges. He said attorneys had been trying to find out who the members of the appeal panel were, but were unsuccessful. Robertson said everywhere in the world, the parties are informed of judges who are going to sit on cases.
Henceforth, you can say everywhere else in the world.
Should Messers Galbaransingh and Ferguson win their case, who picks up their legal costs, curious minds would like to know.
I know our "talent pool" may be narrow, but surely someone should have been able to spot this duplication. But then again, it took months before someone officially noticed/announced the Uff Enquiry had not been gazetted...
Yet one more reason why the Privy Council has to remain.
La Diva
Maybe it was "Chronicled"?
Maybe it was "Chronicled"? Remember the Chronicle had replaced the Gazette. But people still referred to it as gazette for some strange reason, maybe even up to today. Did someone forget to inform Uff? He must be more used to Telegraph, Times, Independent and Guardian.