On the 7
of November, 2011, Justice Boodoosingh, in a 57 page judgement, quashed theAttorney General’s decision to extradite Steve Ferguson and Ish Galbaransingh to theUnited States.He declared that the appropriate forum to try the claimants in relation to the award of contracts for the construction of the Piarco Airport is Trinidad and Tobago.He declared that it would be unjust, oppressive and unlawful to order the extradition of the claimants and that the extradition is debarred by the operation of section 16 (3) of theExtradition Act of Trinidad and Tobago.The State must pay the costs of the Claimants to be assessed if not agreed.On the issue of Forum, Justice Boodoosingh stated in his ruling:That the correct principles to determine forum are the Controni principles, which both theClaimants and the Attorney General agree is the correct test to determine forum betweentwo competing states. Specifically, Justice Boodosingh stated among other things that itwas clear that:
The greatest harm of the alleged conduct was to the Trinidad citizens and not tothe United States. It is clear that any harm arising out of money would have comefrom Trinidad and therefore there could be no harm to persons in the UnitedStates. Relying on the expert opinion of Professor Bassiouni, one of the worldrenowned authorities on extradition, if they were to be extradited it would be like putting the Cart before the Horse.
The Director of Public Prosecution argued in 2006 that a co-conspirator and a UScitizen should be tried in Trinidad and Tobago as it was the proper forum and itwould be irrational to think that out of the same conduct a different forum should be for Steve and Ish
The matters in Trinidad and Tobago have been going on since 2002 and far advanced and it would be unjust and oppressive for the claimants to start over inthe United States.He also relied upon past appeal court justices in the Habeaus Corpus and Leaveapplication:Relied on Appeal Court Justince Narine’s ruling, which stated, “committal for extraditionto the state of Florida will mean that they (Steve Ferguson and Ish Galbaransingh) mustendure prosecution all over again and a new raft of suffering in America.”Relied on Justice Kangaloo, “In Trinidad and Tobago we are fully aware of thedeficiencies of the administration of justice and in particular the length of time whichcriminal trials take to be concluded. However these factors cannot ever be a reason,whether consciously or subconsciously, to order the extradition of our nationals to other jurisdictions. We cannot be seen as shirking our responsibility to our society to ensure