Privy Council dismisses Jack Warner’s appeal to avoid US extradition Loop Cayman Islands
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Privy Council dismisses Jack Warner’s appeal to avoid US extradition
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Jack Warner ,former FIFA vice president
(Photo credit: Facebook, CNC3 Television, Trinidad and Tobago)
According to a judgment delivered by the Judicial Committee of the Privy Council on November 17, 2022, Jack Warner, a politician, businessman and former Vice President of F?d?ration Internationale de Football Association (“FIFA”) lost his battle to avoid extradition from the Republic of Trinidad and Tobago to the United States.
The judgment follows a series of challenges made by Warner in the courts of Trinidad where Warner previously raised issues with the Extradition (United States of America) Order, 2000 (“the USA Order”), in particular whether the USA Order purportedly issued by the Attorney General was done within the correct legal power or authority under the Extradition (Commonwealth and Territories) Act 1985 (“the Act”).
Warner had also previously asked the Trinidad courts to decide whether the decision of the Attorney General to issue an authority to proceed (“ATP”) in respect of the USA’s request for his extradition was in breach of his right to procedural fairness, whether the Attorney General was entitled to rely on a certificate without disclosing the specialty arrangement with the USA and whether the Attorney General acted in conformity with the Constitution of Trinidad and Tobago.
After losing his appeal to the Court of Appeal of Trinidad, Warner appealed to the Judicial Committee of the Privy Council, the highest court for many countries in the Commonwealth.
Delivering the judgment in his case and dismissing his Privy Council appeal, the Privy Council said that there was no unfairness in the procedure leading to the issue of the ATP and the certificate provided by the Attorney General disclosed a specialty arrangement which complied with the Act and which the USA could be expected to honour.
Warner is now expected to face allegations in the US, set out in a 2015 indictment filed with the US District Court (Eastern District of New York, Criminal Division), some of which are as follows:
In Trinidad and Tobago and elsewhere, Warner allegedly established and controlled numerous bank accounts and corporate entities in which he mingled his personal assets and those of CONCACAF and, among other things, Warner allegedly began to solicit and accept bribes in connection with his official duties, including the selection of the host nation for the World Cups held in 1998 and 2010, which he participated in as a member of the FIFA executive committeeAllegedly diverting FIFA and CONCACAF funds into accounts that Warner controlled and used for his personal benefit, including a 2005 purchase of a Miami, Florida condominiumAllegedly devising a scheme and artifice to defraud certain organizations, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises
A full copy of the US indictment can be found on https://www.justice.gov/opa/file/450211/download
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