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Case details

Jack Austin Warner (Appellant) v Attorney General of Trinidad and Tobago (Respondent)

Case ID: JCPC 2020/0026

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

(1) Is the Extradition (United States of America) Order unlawful and ultra vires the Extradition (Commonwealth and Foreign Territories) Act?
(2) Was the Attorney General’s decision to issue an authority to proceed (“ATP”) in respect of the USA’s extradition request against Mr Warner unlawful on the ground of breach of his right to procedural fairness?
(3) Did the Attorney General act in conformity with the Constitution of Trinidad and Tobago (“T&T”)?

Facts

Mr Warner is a businessman, politician and former Vice President of FIFA. Mr Warner is currently subject to an extradition request made to T&T by the USA on 24 July 2015 in relation wide ranging allegations of criminal conduct stretching back some 30 years.

On 21 September 2015, the Attorney General issued (or purported to issue) an ATP pursuant to the USA’s request authorising extradition proceedings against Mr Warner in relation to 29 offences of fraud, corruption and money laundering. Prior to issuing (or purportedly issuing) the ATP, the Attorney General had refused requests from Mr Warner for disclosure of relevant material and to make representations in relation to the ATP.
Following an election in T&T, the new Attorney General had then offered to allow Mr Warner to make such representations but only on condition that the deadline set by the Chief Magistrate for receipt of the ATP was extended by consent, a condition to which Mr Warner refused to agree.

Mr Warner applied for leave to apply for Judicial Review on 27 November 2015. Permission was granted on 22 January 2016. The Judicial Review claim was dismissed by Aboud J on 27 September 2017 with Mr Warner’s appeal against that decision being dismissed by the Court of Appeal on 11 June 2019. Mr Warner now appeals to Her Majesty in Council with the permission of the Court of Appeal.

Parties

Appellant(s)

Jack Austin Warner

Respondent(s)

Attorney General of Trinidad and Tobago

Appeal

Justices

Lord Hodge, Lord Briggs, Lord Hamblen, Lord Burrows, Sir Declan Morgan

Hearing start date

27 April 2022

Hearing finish date

28 April 2022

Watch hearing
27 April 2022 Morning session Afternoon session
28 April 2022 Morning session