Different strokes

When 33-year-old Russell Joseph, one of the 11 persons charged with the crime, appeared in court last Monday, he was presented with a warrant for arrest on the US charges. Chief Magistrate Sherman McNicolls read the charges to Joseph, asking him if he would contest or consent to the extradition. “I have a choice?” Joseph said.

Presumably, yes. But in the witness box, Joseph said that he would go voluntarily to the US to face trial. Another seven persons have also been indicted by a grand jury in the US and will face similar extradition proceedings. Now Joseph is well within his rights to agree to stand trial in the US. And, indeed, he may have cogent reasons for doing so. The trial, after all, is likely to be quicker than the process here and, if he is found guilty, Joseph’s stay in prison is also likely to be far more comfortable relative to the jail conditions in Trinidad and Tobago.

What has not been made clear, however, is why the US authorities are going to all this trouble to indict Balram Maharaj’s alleged kidnappers. This is something that must be explained to the Trinidad and Tobago public. In the case of Muslimeen member Lancelot Small, who was found guilty of arms trafficking in a Florida court, it is quite clear why Small, a Trinidadian, was tried in the US, since his act took place on American soil. But Maharaj was kidnapped and killed in Trinidad and was, in addition, born in this country. No doubt the Attorney-General will be pleased to avoid the trouble and expense of a local trial, but it is important to be clear about the precedent being set.

Is the US pursuing extradition because Maharaj served in the US armed forces, or just because he was an American citizen? If it is the latter, then will the American authorities also be trying to extradite the alleged killers of Sean Luke Lumfai, since the six-year-old was an American citizen? If it is the former, however, then is this standard procedure for all US armed forces personnel? And why have only six of the 11 persons charged been served warrants for extradition?

We are not saying the US is not well within its rights to pursue this matter. After all, America is the most powerful and wealthiest country in the world. As such, its citizens may be targeted under particular circumstances and, for this reason, the US government is constrained to show that, no matter where Americans may be, they are protected by their mighty nation. That must be so, even if the protection extends to catching and convicting those who have harmed the citizen after the fact.

But Trinidad and Tobago, with one-300th of the population of the US, is still a sovereign and democratic nation. Sovereignty means that even the US cannot interfere in our judicial process without the consent of the Government; and democracy means that, having given its consent, the Government must explain its rationale to citizens.

It is also most important to note the refusal by the US Government to ratify membership of the International Criminal Court which means that no government, including the Trinidad and Tobago Government has the right to extradict any American citizen from the US to face any criminal charge that may have been committed in their country against one of our citizens.

We hope the AG will enlighten us soon on this issue.