Ish, Steve go to court Monday seeking freedom based on controversial Section 34

File: Ishwar Galbaransingh and Steve Ferguson

Lawyers for businessmen Ishwar Galbaransingh, Steve Ferguson and Ameer Edoo are going to court Monday in a legal test case to determine if the two men can win their freedom as a result of the early proclamation of  controversial Section 34 of the Administration of Justice (Indictable Proceedings) Act.

The government repealed Section 34 almost immediately after it became law at the end of August 2012. However the men seized the opportunity to apply to the courts seeking their freedom from criminal charges relating to fraud and money laundering.

The case would see legal heavyweights on both side presenting their respective arguments in the Port-of-Spain High Court before Justice Mira Dean-Amorer. Five British QCs are involved along with some top legal figures.

Galbaransingh, Ferguson and Edoo—are charged with committing fraud amounting to millions of dollars arising out of the Piarco Airport Enquiry.

The early proclamation of Section 34 of the act cleared the way for dozens of court cases 10 years and older dismissed. But theirs is one of the high profiles ones that attracted national attention. 

They will argue that they petitioned the court for freedom before the act was repealed in September last year. If they succeed charges arising out of the Piarco Airport matter would be dropped.

Galbaransingh and Ferguson were first indicted in 2005 in a Miami federal court. Attorney General Anand Ramlogan signed extradition documents for them to be sent to the United States for trial. However they won a judicial review against the AG with the presiding judge declaring that the extradition decision was was “unjust and oppressive.” 

Ramlogan decided not to appeal stating that it would be a lengthy legal process involved and also because they were expected to face trial in Trinidad.