Judge frees Warris from jail

MADAME Justice Carol Gobin has ordered that wanted fugitive Farouk Warris be released from prison forthwith. The judge issued a writ of habeas corpus, directing the Commissioner of Prisons to release Warris, who is wanted in the United States to serve his sentence on charges of forgery. But the Prisons Commissioner indicated his intention to appeal the judge’s order. In accordance with the Habeas Corpus Act, Justice Gobin granted Warris bail in the sum of $300,000 pending the appeal. She ordered that the bail be approved by the Registrar of the Supreme Court and that Warris’ passport remain in the possession of the police. He must also report every Saturday between 9 am and midday to the St Joseph Police Station. Warris was represented by Rajiv Persad, while Douglas Mendes SC, David West, and State attorney Neil Byam represented the US Government.

In 1993, Warris pleaded guilty to forgery before a US Court and was ordered to serve 17 months imprisonment. However, he failed to surrender and a warrant was issued for his arrest in 1994. Warris was arrested in Trinidad on March 30 this year on a provisional warrant. The US Government then began proceedings to have Warris extradited to the United States to serve his sentence. After hearing evidence, Chief Magistrate Sherman Mc Nicolls ordered that Warris be extradited to the US. Warris filed for a writ of habeas corpus, challenging Mc Nicolls’ order and asked the Port-of-Spain High Court to free him. Warris’ application was based on two grounds — (1) there was insufficient evidence before the Magistrate to make a finding for extradition, and (2) for him to be sent to the US would be unjust and oppressive considering the length of time which elapsed between 1993 to 2004.

Yesterday, Gobin said the requesting State had failed to meet the statutory requirements under Section 19 of the Extradition (Commonwealth and Foreign Territories) Act. She said the proper authority in the US did not certify the document to be used before the Chief Magistrate. Justice Gobin said in the absence of a proper certificate, there was nothing before the Chief Magistrate which could justify him making the extradition order. Justice Gobin also stated that the US Government failed to show that Warris was unlawfully at large. She pointed out that there had been a delay of ten years, describing it as inexcusable. Justice Gobin then granted Warris $300,000 bail pending determination of the appeal.