US Govt blanked by TT courts

Chief Justice Ivor Archie and Justices of Appeal Allan Mendonca and Peter Jamadar unanimously ruled today against the US Government in its appeal of Justice James Aboud’s decision to exclude them from the case, dismissing that country’s appeal.

In their written ruling, Justice Mendonca held that it was the “obligation of the Requested State to appear on behalf of the Requesting State and represent its interests”, adding that the USA did not show that its interests and that of the AG were different. The judges said this raised the question of why the need for separate representation and placed onus on the US to prove that it could make a useful contribution to the case if allowed to join in, which the US failed to do.

In his arguments before the panel, attorney for the US, British Queen’s Counsel James Lewis said his client did not have total confidence in the Office of the Attorney General to properly present the United States’ argument before Justice Aboud.

In his judgment delivered in June, Justice Aboud had stated that even though the proceedings was relative to Warner’s extradition, the issue up for determination was strictly domestic and, as such, did not warrant the participation of the United States.

The judge had said that it was his opinion that the US could not make any useful input in the proceedings that could assisting the court in arriving at the proper and correct decision.

Aboud had noted that the United States’ case was being presented by the Attorney General’s Office and that he was unaware of what the United States could say differently from the AG’s Office. “It cannot be to say the same thing differently. Is the AG’s position different from the US? Does the AG want the US to say something he won’t say? It must be able to offer something more than repetition,” Aboud had said.

Warner’s claim challenges the Authority to Proceed (ATP) which was signed last September by Attorney General Faris Al-Rawi, which gave Chief Magistrate Marcia Ayers-Caesar the greenlight to begin committal proceedings.