A Trinidadian High Court judge yesterday dismissed an application filed by former Guyanese MP Abdul Kadir and his two co-conspirators, seeking to quash their extradition to the US to face terrorism charges.
Justice Nolan Bereaux, sitting in the Sixth Civil Court, yesterday gave a 45-minute oral ruling in the case against Trinidadian Abdul Kareem Ibrahiim and Guyanese nationals Abdel Nur and Kadir, a former parliamentarian. The three men are wanted in the United States for an alleged plot to blow up the John F Kennedy International Airport in New York.
Chief Magistrate Sherman McNicolls had ordered their extradition on August 6, 2007, but attorneys representing the men had filed a writ of habeas corpus at the Port of Spain High Court, claiming that they are being held unlawfully.
Following Justice Bereaux’s ruling yesterday, defence attorney Farid Scoon said the defence would appeal the ruling. Scoon asked that the men not be extradited during a one-week period, since Bereaux’s written ruling was not yet available.
Justice Bereaux also set aside February 28 to discuss the issue of costs. In outlining his reasons for dismissing the application, Justice Bereaux cited the grounds presented by defence attorney Fyard Hosein SC.
Hosein, in his submissions, said the men would not receive a fair hearing, since the extradition application to the US would result in them being tried under military law and by doing so, the US would infringe on their rights and possibly go against the Geneva Convention.
Hosein added that following the September 11, 2001 attacks against the US, the United States Congress now had the authority to determine the specific period of time needed to detain an individual who is suspected of being involved in terrorist activities.
He also said the men would not receive a fair trial since the matter was highly publicised and this would prejudice the trial.
The health of Ibrahiim was also a factor discussed, since it had deteriorated since his incarceration.
But Justice Bereaux struck this argument down, saying that medical examinations performed on Ibrahiim showed “he is fit and ready to travel, once he is given medication half an hour before travelling. This is to ensure he does not suffer from claustrophobia,” the judge said.
Justice Bereaux added that the publicity which the case got should not be a factor in ignoring the extradition request, since he is sure there are “processes in the US which cater for such occurrences”.
The judge said that though Ibrahiim is a diabetic, the US can deal with such medical conditions.
Ibrahiim, 62, of Cane Farm, Tacarigua, Nur, 57, and Kadir, 56, are wanted in the US on terrorism charges relating to an allegation that they conspired with Russell de Freitas – a Guyanese-born US resident who worked at the JFK airport – to detonate bombs to ignite fuel stores at the airport. The three men were represented by Hosein and attorneys Rajiv Persad, Rishi Dass, John Heath, Richard Clarke-Wills, Sean Fulchan and Scoon. If convicted, the men would face a maximum sentence of life in prison.
Douglas Mendes SC, Israel Khan SC, Dana Seetahal SC, David West, head of the Central Authority Unit, and Michael Quamina appeared on behalf of the United States Government.
