By Svetlana Marshall

Acting Chief Justice, Navindra Singh today rejected an application by Nazar and Azruddin Mohamed to have the extradition hearing in the Georgetown Magistrates’ Court halted pending the hearing and determination of a Fixed Date Application (FDA) challenging the constitutionality of the Fugitive Offenders (Amendment) Act.

In his written judgment, the acting Chief Justice said while the Mohameds are entitled to pursue their Constitutional challenge in the High Court, they have not met the high threshold required for the interim relief sought.

He said the Constitutional motion brought by the Mohameds can proceed concurrently with the extradition process without the risk of injustice.

The ruling, therefore, paves the way for the proceedings in the Georgetown Magistrates’ Court before Principal Magistrate Judy Latchman to continue.

Attorney General Anil Nandlall – the respondent in the case – welcomed the ruling.

“The decision of the Chief Justice is in alignment with the policy of the law, the provisions of the law, and the existing judicial authorities in Guyana, across the Caribbean, North America and Commonwealth on this matter. In my submissions, I drew attention to a series of cases from Guyana, from the Caribbean, from North America and from other parts of the Commonwealth in an effort to show the judge the approach that has been taken in extradition matters, in relation to matters of this nature, which are called interlocutory matters that seek to delay and protract the committal hearing from taking place and the courts have universally and uniformly have rejected any type of intervention that seeks to stay, stop or delay the committal hearing from taking place,” the Attorney General told reporters.

He told reporters that the application filed by the Mohameds through their Attorney Roysdale Forde was premature.

“Post the committal hearing there is an elaborate regime of challenges that the law provides for any party who is aggrieved by the committal hearings’ ruling, either side. And in that regime of procedure, there is a built in mechanism that stays the extradition process while those challenges are being exercised,” the Attorney General explained.

But Forde rejected the ruling of the acting Chief Justice, and vowed to challenge it at the level of the Full Court.

“We are disappointed that the Chief Justice did not find that on the arguments and having regard to the circumstance to this case, that a stay was warranted in the circumstances. We disagree with the ruling respectfully and we will be filing an appeal to the Full Court, and we will be seeking a stay at the level of the Full Court,” Forde told reporters outside the courtroom.

He argued that should the Principal Magistrate proceed with the case in the Georgetown Magistrates’ Court, while the Fixed Date Application (FDA) is being heard in the High Court, the Mohameds are likely to be prejudiced. As such, Forde said he is prepared to have the issues ventilated right up to the Caribbean Court of Justice (CCJ).

“We want the public to understand that this case raises thorny issues going back to many, many years of conflicting decisions given by different courts, at different levels. I have long said that this will be a long, arduous process. It cannot result in any sort of quick fix, even if the stay was granted today, ultimately the very issues that we wish to have determined, would have to go through the appellate process, all the way to the Court of Appeal, and then onward to the CCJ. These are grave and important issues and we will be pursuing them to the maximum capacity,” Forde said.

While the stay has not been granted, the substantive application in the High Court will continue. In that matter, the Mohameds are challenging constitutionality of the Fugitive Offenders (Amendment) Act.

Meanwhile, in the extradition proceeding in the Georgetown Magistrates’ Court is expected to continue tomorrow before the Principal Magistrate, but already Forde has signaled his intention to raise a number of issues that could potentially delay the proceedings.

The father and son are facing an 11-count indictment in Florida related to allegation of mail and wire fraud and money laundering and tax evasion related to gold exports.

Related posts:

Magistrate rejects Mohameds’ application to have extradition case moved to High Court for Constitutional matters Attorneys for US Government present key documents to Court in Mohameds extradition case Judge puts hold on Magistrates’ Court proceedings against Ashni Singh and Winston Brassington as High Court examines charges High Court hearing over Magistrates’ Court ability to hear extradition case begins