Appeal Court rules in favour of AG

Justice of Appeal Prakash Moosai sat in emergency session on a public holiday to deal with the appeal from the decision of High Court Justice James Aboud who had previously dismissed an application for leave to seek judicial review of Ramlogan’s decision. The Court also ordered Jagmohan to pay the legal costs of the Attorney General.

Mr. Jagmogan was charged in Singapore with several counts of trading forged currency notes approximately 9 years ago. After he was granted bail in Singapore, he absconded and remained at large until he was arrested in Trinidad in January, 2013.

Extradition proceedings were commenced by the State before the Chief magistrate and Mr. Jagmohan heavily contested same. However, after 7 months the Chief Magistrate, Marcia Ayers-Ceasar ordered that Mr. Jagmohan be committed to be extradited to Singapore.

Mr. Jagmohan in an effort to avoid being extradited filed an application for habeas corpus in the High Court of Justice seeking to challenge the order made by the Honourable Chief Magistrate. He was represented by Mr. David West, Attorney-at-Law and was successful in his application after the Honourable Madam Justice Carol Gobin ruled in his favour and quashed the decision of the chief magistrate.

The Attorney General of Trinidad and Tobago immediately appealed the decision of the Honourable Madam Justice Carol Gobin and after an expedited hearing, the Court of Appeal overturned the decision of Justice Gobin and reinstated the order of the Chief Magistrate. The Court of Appeal also ordered that Mr. Jagmohan pays the State’s legal fees for both the Habeas Corpus Application and the Appeal in relation the same.

The ruling of Court of Appeal thereafter cleared the way for the AttorneyGeneral to issue the warrant for Mr. Jagmogan to be returned toSingapore.

The Attorney General however in keeping with his commitment to be fair to persons awaiting extradition wrote to Mr. David West, Attorney-at-Law asking him for representations as to why Mr. Jagmohan ought not to be extradited. Mr. West responded and gave several reasons why his client ought not to be extradited. However, the Attorney General gave due consideration and deliberation to all of the reasons provided to his office and he thereafter signed the warrant to return Mr. Jagmohan to Singapore.
Mr. West thereafter sought judicial review of the decision of the Attorney General. This application was heard before the Honourable Mr. Justice Aboud late on Tuesday evening and around 9: 00 pm on Tuesday night the application was dismissed as being completely without merit and having no prospect of success.

Mr. West thereafter filed an appeal against this the order of Mr. Justice Aboud and applied to the Court of Appeal in emergency application late on Thursday evening to grant a stay of the extradition. This appeal was heard by the Honourable Justice of Appeal Mr. Moosai late yesterday afternoonand the Learned Judged reserved the decision of the Court until today.

At around 3:30 p.m. this afternoon the Learned Justice Moosai dismissedthe application of Mr. Jagmohan and he described the appeal of Mr.Jagmohan as being completely without merit and doomed to fail. The Learned Judge also ordered that Mr. Jagmohan pays the State’s legal costs fit for Senior Counsel, Junior Counsel and the Instructing Attorney.This ruling of the court now clears the way for the fugitive, Mr. Jagmohanto be extradited to Singapore.

The Office of the Attorney General was represented by Ms. Pamela Elder S.C., Mr. Jagdeo Singh and they were instructed by Ms. Zelica Haynes at both hearings above. Mr. Jagmohan is responsible for paying the State’s costs for all of the applications he made in the High Court of Justice.