On the 7th of November, 2011, Justice Boodoosingh, in a 57 page judgement, quashed the Attorney General’s decision to extradite Steve

Ferguson and Ish Galbaransingh to the United 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 the Extradition 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 the Claimants and the Attorney General agree is the correct test to determine forum between two competing states. Specifically, Justice Boodosingh stated among other things that it was clear that: • The greatest harm of the alleged conduct was to the Trinidad citizens and not to the United States. It is clear that any harm arising out of money would have come from Trinidad and therefore there could be no harm to persons in the United States. Relying on the expert opinion of Professor Bassiouni, one of the world renowned 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 US citizen should be tried in Trinidad and Tobago as it was the proper forum and it would 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 in the United States.

He also relied upon past appeal court justices in the Habeaus Corpus and Leave application: Relied on Appeal Court Justince Narine’s ruling, which stated, “committal for extradition to the state of Florida will mean that they (Steve Ferguson and Ish Galbaransingh) must endure 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 the deficiencies of the administration of justice and in particular the length of time which criminal 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

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.”

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