US 'disappointed' with T&T's decision on Ish, Steve extradition matter

The United states is "disappointed" at the decision by Attorney General Anand Ramlogan not to appeal the decision to quash the extradition order for businessmen Ishwar Galbaransingh and Steve Ferguson. 

Justice Ronnie Boodoosingh gave the state 42 days to make its decision. On Monday Ramlogan announced that he won't appeal. 

In an official statement made through the US embassy in Port of Spain the US said, "We are disappointed in the outcome of the Ishwar Galbaransingh and Steve Ferguson extradition case.”

The statement added: “The two were first indicted in 2005 in Miami Federal Court on numerous fraud and money laundering charges stemming from alleged bid rigging between 1996 and 2005 on contracts for the Piarco International Airport.  The United States has pursued their extradition since 2005. 

“Extradition is a powerful tool for fighting transnational crime and is used by countries all over the world including the United States and Trinidad and Tobago. 

“The Government of the United States and the Government of Trinidad and Tobago have had a bilateral extradition treaty in place since 1996.  Our governments work together closely to extradite suspects to both countries,” it said. 

The US made it clear that while it is not pleased with the AG's decision it values its relation with T&T and reiterated its commitment to continue to work with the government on other extradition cases. 

Ramlogan issued a media release Wednesday noting that Trinidad & Tobago is an independent sovereign state with a written Constitution, laws and a legal system of its own.

"The Attorney General is duty bound to respect and have regard to the judgement of the Supreme Court in Trinidad and Tobago,” he said in the release. 

He added, "Despite thorough and exhaustive research, I am unable to discover any analogous situation in the arena of extradition law. These are matters which must, of necessity, weigh heavily in the mind of the Attorney General in coming to his decision on whether to order the surrender of these appellants.

“At the permission stage, it is certainly arguable whether the Attorney General’s decision to order the appellants’ return is irrational on this basis,” he said. 

Ramlogan acknowledged deficiencies in the “administration of justice and in particular the length of time which criminal trials take to be concluded.” 

However he said "these factors cannot ever be a reason, whether consciously or subconsciously, to order the extradition of our nationals to other jurisdictions where the criminal justice system is allegedly more efficient and effective.

“We cannot be seen as shirking our responsibility to our society to ensure that justice is obtained locally, by circumventing our difficulties in the administration of justice, by the extradition of the appellants.

"Even more so when many developed countries flatly refuse to extradite their own citizens under any circumstance regardless of the consequences which may follow,” he said. 

The AG said what is of "paramount importance" is the question of where are the defendants likely to be brought to justice in the quickest and shortest possible time. 

He noted that an appeal would have resulted in the defendants remaining on bail while they continued "to muscle their way through a thus far accommodating legal system." He said it would likely mean it would be eight to 10 years before they could go on trial in the United States.

He said by not appealing, the state has cleared the way for local courts to commence the trial of the defendants without further delay. 

"It does not mean that the defendants will walk free without facing trial-a possible prospect if the State appealed,” he said. 

He also pointed out that the state has spent $100 million on the Ish and Steve matter to date.