The Attorney General has taken a bold step by filing an interpretation claim in the High Court to clarify a magistrate’s jurisdiction in extradition cases under the Administration of Justice (Indictable Proceedings) Act (AJIPA). This move, initiated in June, aims to address the impact, if any, of the AJIPA on a magistrate’s authority in extradition cases.
With the AJIPA coming into effect in December 2023, which abolished preliminary inquiries for indictable offences, the interpretation claim seeks to determine whether this act has any bearing on the powers and jurisdiction of a magistrate in extradition cases. Assigned to Justice Ricky Rahim, a ruling is expected to be delivered on July 23.
The heart of the claim revolves around the absence of any provisions in the AJIPA pertaining to extradition matters filed under the Extradition (Commonwealth and Foreign Territories) Act. An illustrative case cited in the claim involves the extradition of Vincent Roberts, a Trinidadian man wanted in the United States on charges of attempted murder among others.
Roberts was apprehended in April on a warrant from the US government for allegedly attempting to murder his ex-girlfriend in February 2021 in Brooklyn, New York. The extradition proceedings were given the green light through an authority granted by Attorney General Reginald Armour, SC, back in January.
The legal saga surrounding Roberts’ extradition began with his arrest in Laventille and further unfolds as he was indicted by a grand jury in Brooklyn. The claim before Justice Rahim emphasizes that the magistrate retains the power to commit or discharge a fugitive under the Extradition Act, highlighting the pressing need for the court’s expeditious resolution to pave the way for Roberts’ case.
As the legal wrangle continues, the claim underscores the importance of public confidence in the rule of law, adherence to international obligations, and the future development of legislation to streamline the extradition process. The urgency of resolving these legal issues is underscored to ensure a fair and lawful procedure for individuals facing extradition requests.
Amidst the legal complexities, the AG, represented by a team of legal experts, and Roberts’ legal counsel are engaged in a battle that not only impacts the extradition process but also has broader implications for Trinidad and Tobago’s judicial system. With the date for the ruling fast approaching, all eyes are on the High Court as it seeks to bring clarity to a contentious legal matter.
