The Curious Case of Dr. Juffali’s Divorce

PART ONE

LAST week, the case of Dr.WalidJuffali and his ex-wife Christina Estrada took a new turn with the judgment of Justice Hayden in the London High Court. The judge made two significant rulings. First, he concluded that Juffali does not have immunity because in so far as the judge was concerned, the appointment was ‘spurious’. The second significant ruling was that he considered that Juffali is a permanent resident of the United Kingdom because all of his previous wives, including Ms. Estrada, as well as his current wife, all reside in London. The judge also considered the fact that the last child of Dr.Juffali and his current wife was also born in London.

But how did we reach there and what are the implications for Juffali and Saint Lucia? Did the judge engage in judicial activism?

Let us examine this curious case.

We begin by recognizing that Miss Estrada is filing for financial relief. Contrary to much of what has been written and said in Saint Lucia, she is not filing a divorce case. On the contrary, she accepts that she has been properly divorced from Dr.Juffali.

The current saga began when Juffali decided to marry his present wife whilst still married to Ms. Estrada. Saudi Arabian law allows for such multiple marriages. It is said that Ms. Estrada felt so slighted and embarrassed that the public display of her wrath was simply a matter of time. She claims that she had issued but never served divorce proceedings on him. That was August 2013. It is also said that she thought they could reconcile and life would continue as before his most recent marriage. She clearly miscalculated as the younger, beautiful new wife won the battle of beaus. Immediately, some questions arise. Did Dr.Juffali know of the alleged attempt to file divorce proceedings? Perhaps! Then again, perhaps not. Did the Saint Lucian authorities know that Ms. Estrada had intended to file divorce proceedings? How could they, when no such evidence existed?

Let us recall that Ms Estrada married Dr.Juffali in Saudi Arabia in a Muslim wedding!!! Imagine that, an American model marries in a traditional Muslim manner in the most conservative Islamic country. One wonders who was advising her.

There are those who claim that Dr.Juffali’s family knew nothing of Saint Lucia prior to his appointment. Nothing could be further from the truth as his mother and daughter had been regular visitors to the island for several years and had long ago fallen in love with our Helen. Some time towards the last quarter of 2013, Dr.Juffali is introduced to Saint Lucia’s High Commissioner to the United Kingdom and is invited to visit. He does so in December 2013.

He was clearly smitten and upon returning to the United Kingdom was asked to assist in attracting investment to Saint Lucia and to promote the island. He readily agrees and immediately dispatches a two-man team to examine investment options. Among the decisions taken was to assist in setting up a medical research industry in Saint Lucia. He did not wish to promote the same investments as everyone else. Instead, he wanted something different, something distinct and transformational. Medical research, which was not new to him, seemed ideal. He was, after all, already the owner of W Science based in Zurich and the founder of The Brain Forum, a leading gathering of neurologists and brain scientists.

In April 2014, Dr.Juffali was appointed Permanent Representative to the International Maritime Organisation (IMO) at the level of Ambassador. Importantly, he was accepted by both the IMO and Her Majesty’s Government, consequent upon which he was placed on the Diplomatic List with all attendant immunities and privileges.

Some have enquired why was such an appointment necessary. If Dr.Juffali was going to attract additional investments for and speak on behalf of our country he clearly required the necessary status to do so. Considering his status within the international community the rank of Ambassador was appropriate. It is important to note that whether someone is referred to envoy, attaché or ambassador, once that individual is placed on the Diplomatic List, he enjoys immunity. The nomenclature is immaterial. My understanding is virtually all staff at the Saint Lucia High Commission, from the High Commissioner to lowly-ranked Attaches are placed on the diplomatic list. This point will bear relevance to the ruling of Justice Hayden.

Let us for a moment return to the alleged intention by Ms. Estrada to file divorce proceedings. If Dr.Juffali knew of Ms. Estrada’s alleged intentions why would he decide to take up an appointment in London, where the Courts would at least decide that it has jurisdiction to hear a case against him? Would someone who had already experienced divorce previously simply believe that once he had divorced Ms. Estrada and offered a financial package that she would just let it be?

In September 2014, Dr.Juffali divorced Ms. Estrada in the same place they got married and in the traditional Muslim divorce manner, the pronouncement of Taleq basically saying ‘I divorce you three times’! A divorce settlement is drawn up. This puts to rest that it was Dr.Juffali and not Ms. Estrada who initiated the divorce proceedings. Whilst the divorce may have been tradition, Dr.Juffali’s generous settlement was anything but. That settlement included houses in addition to which all expenses thereto to be met by him. He also agreed to pay for the staff at all of the houses to meet the needs of both Ms. Estrada and her extended family. There was US$100,000 monthly spending money! Ms. Estrada has never denied the foregoing. Returning to our earlier differentiation between the divorce and applying for financial relief, it is clear that Ms Estrada accepts that the divorce in Saudi Arabia was proper, that she has no issue with it and that what she simply wants is more relief than what she presently enjoys. That is what the London proceedings are about!

By early 2015, with a case filed and documents served on Dr.Juffali, his lawyers responded by indicating that he was a diplomat with full immunities and privileges. Caught unawares, Miss Estrada’s lawyers requested that proof of such status be provided by the Foreign and Commonwealth Office (FCO). The FCO complied. At that point, sensing the possible futility of their case, Miss Estrada’s lawyers saw only one possible gateway to success – embarrass the Government of Saint Lucia to the point of revoking the appointment of Dr.Juffali. Her lawyers found willing accomplices in Allen Chastanet, his agents in the media and his UWP.

By this time, Dr.Juffali’s team had commenced its work on the establishment of a medical research industry in Saint Lucia. In this connection Clifford Chance, a world-renowned legal firm, was contracted to draft new legislation that would allow for such an industry. Further, a delegation from Saint Lucia attended the Brain Forum in Lusanne advertising Saint Lucia as a future destination for medical research. Dr.Juffali, noting the chronic nature of diabetes in Saint Lucia, then decided that the first research project in Saint Lucia would be a Global Diabetes Research Centre.

This was followed in August by a W Science team of medical researchers and scientist visiting Saint Lucia to conduct a feasibility study on the establishment of the Centre.

Of course Ms. Estrada’s representatives had by then made public their intention to file against Dr.Juffali and media onslaught began. Reporters from the Daily Mail visited Saint Lucia and met with local reporters and opposition figures. Miss Estrada’s lawyers sought information from the IMO on Dr.Juffali’s status and participation in the IMO; information which soon found itself into the media, particularly that Dr.Juffali had not attended any IMO meetings since his appointment!

Former Saint Lucia High Commissioner, Eldridge Stephens, who served under the UWP Government, would publicly announce that there was no need to appoint Dr.Juffali as a Permanent Representative to the IMO as when he served as High Commissioner he also doubled up as Permanent Representative to the IMO.

It has now been proved that Mr. Stephens’ comments were more fiction than fact as the records showed conclusively not only did he never attend an IMO meeting but, even more devastating, that he was never even accredited to the IMO. The records also showed the meetings for which Dr.Juffali was being criticized for not attending, were not meetings he was required to attend, as they were all technical meetings which did not pertain to Saint Lucia. The records also showed that all meetings which were relevant to Saint Lucia were attended during the period under review.

“Oh what a tangled web we spin when we practise to deceive!”.

But more is to come as we explore further in our next article.