By Prior Beharry
FORMER vice president of the Fédération Internationale de Football Association (FIFA) Jack Warner has lost his appeal to prevent his extradition to the United States where he is wanted on bribery charges.
Warner, 79, had challenged his extradition through judicial review proceedings claiming that the order issued by the attorney general was in breach of his right to procedural fairness.
He lost his appeal at the local Court of Appeal and now privy councillors Lord Hodge, Lord Briggs, Lord Hamblen, Lord Burrows and Sir Declan Morgan agreed with that decision.
The five law lords unanimously agreed to dismiss Warner’s appeal in a 27-page judgement on Thursday.
It means that the extradition proceeding to the US can now continue in the magistrates’ court.
Warner was represented by Clare Montgomery, KC, Fyard Hosein, SC, Anil V Maraj Rishi Dass, Sasha Bridgemohansingh. They were instructed by Simons Muirhead and Burton.
Appearing for the State were James Lewis, KC, Douglas Mendes, SC, and Rachel Scott instructed by Charles Russell Speechlys LLP.
A provisional warrant was issued for Warner on May 27, 2015, and he surrendered to police and was granted $2.5 million bail in the Port of Spain Magistrates’ Court.
Warner had made a request to have all material relevant to the authority to proceed (ATP) so that he could make representations.
Read the exclusive interview by AZP News Editor-in-Chief Prior Beharry with Jack Warner here
The ATP had information with respect to 29 offences related to fraud, corruption and money laundering over a 30-year period.
He challenged the process. The ATP was signed by the attorney general in September 2015 after the US had made a request for his extradition on July 24, 2015.
Warner’s extradition proceedings in the magistrates’ court have been stayed pending his appeals.
At the change of government in 2015, then attorney general Faris Al-Rawi offered to allow Warner to make representations, but only on the condition that the deadline for receipt of the ATP would be extended with his consent. Warner refused to agree to the condition.
Warner’s attorneys argued he was not given disclosures of the evidence the US wanted to extradite him on and that he was not given sufficient time to make representation.
The ATP allowed the magistrate to begin committal proceedings.
The Privy Council ruled that there was no unfairness in the procedure leading to the issue of the ATP.
The Law Lords said, “In light of the conclusions reached by the Board on the issues raised by the appellant the appeal must be dismissed.”
Warner, who was the president of the Confederation of North, Central America and Caribbean Association Football (CONCACAF), has been indicted in the US along with 13 other former FIFA officials.
Warner is accused of racketeering, wire fraud, money laundering, and bribery. It is being alleged that since the 1990s he used his leverage and influence to exploit his positions for personal gain.
In a release, on Thursday Warner said he had no bank account or property in the United States.
He said, “I have not transacted any business there. It is unfathomable how a New York District Attorney could commence a prosecution against me based solely on the fact that monies payable to me passed through the American banking system.
“Furthermore, it is incredulous that allegations of misconduct arising out of a FIFA meeting held in Trinidad could be prosecuted in the United States whereas, in Trinidad itself it does not constitute criminal activity.”
The charges are also claiming that he accepted a million-dollar bribe from South African officials in return for voting to award them the 2010 World Cup and allegedly bribed officials with envelopes each containing cash.
Netflix recently aired a documentary titled FIFA Uncensored in which Warner’s allegations were highlighted.
It is alleged that he also played a key role in awarding the 2018 and 2022 World Cup to Russia and Qatar respectively.
In an exclusive interview with AZP News recently he said he was sorry for giving England the impression that he would have voted for them to get the 2018 World Cup.
It was generally felt that the England and USA had the best bids for the 2018 and 2022 World Cups respectively.
