Warris wins extradition battle

The appeal panel comprising Chief Justice Satnarine Sharma and Justices Wendell Kangaloo and Allan Mendonca, dismissed the appeal filed by the State and ordered the appellants to pay costs.

In handing down the judgment, Sharma said although the prevalence of international terrorism, organised drug trafficking and money laundering was destabilising many societies, the court had to be mindful of not allowing itself to “sacrifice the liberty of the subject, at the alter of international comity and must insist upon strict compliance with the law before the alleged offender is extradited.” He said the court had a duty to ensure a proper balance was struck at all times.

The State appealed the decision of Madame Justice Carol Gobin, who overturned the ruling of Chief Magistrate Sherman McNicolls on May 7, 2004 committing Warris to be extradited to the US, to serve his 17-month sentence.

According to Gobin’s September 23, 2004 ruling, the certifier of the record of the case Bruce Reinhart, had been in breach of the Extradition (Commonwealth and Foreign Authorities) Act 1985, when he failed to identify himself as a prosecuting authority.

Gobin said the requesting state had not established that Warris was unlawfully at large and the length of time which elapsed before the US had initiated an extradition request, deprived Warris of procedural safeguards which were available for his protection.

Warris of Kairi Road, Valsayn was charged in the US on August 30, 1993 with passing, uttering, selling or possessing counterfeit US currency with the intent to defraud. The counterfeit notes and cashiers cheques were found by US secret service agents at the Hialeah hotel room in Florida, where Warris was staying at the time.

He was convicted on November 30, 1993 and his sentence was scheduled to commence on January 31, 1994.