Attorneys for Mohameds want CCJ President to withdraw himself from any matter involving clients

The Attorneys representing Opposition Leader Azruddin Mohamed and his father Nazar Mohamed in their ongoing extradition matter, have written to the Caribbean Court of Justice, requesting that the President of the Court, Justice Winston Anderson withdraws himself from any matter that may involve the Mohameds until a number of issues raised by them are resolved.

Additionally, the Attorneys want the CCJ to disclose all communications and events relating to the proceedings concerning the Mohameds that were before the Court, in addition to all communication between the President of the Court and the President of Guyana, the Attorney General and the former Opposition Leader of Guyana, Aubrey Norton on the substantive appointment on the top judicial officers in Guyana.

The request by the Attorneys follows the revelations in leaked internal emails between Judges of the Caribbean Court of Justice and accusations made against the President of the Court. The CCJ President has since dismissed the accusations of judicial interference and panel fixing.

The CCJ recently unanimously dismissed an extradition matter that was filed by the Mohameds appealing the decisions of the Courts in Guyana, thereby allowing the extradition proceedings to continue.

The letter from the Attorneys was sent to the CCJ’s Registrar and Chief Marshal last Friday, with a request for the information being sought to be provided within seven days.

“Our clients respectfully request that Justice Anderson take no further part in any proceedings concerning our clients unless and until these matters have been fully addressed and resolved. We look forward to your provision of the materials sought within seven (7) days as time is of the essence to our clients, so as to enable us to take any necessary steps within good time, failing which formal proceedings seeking certain relief may be necessitated,” Attorneys-at-Law, Senior Counsel, Roysdale Forde, Damien Da Silva and Siand Dhurjon, said in their letter.

The Attorneys went on to say that internal written communications exchanged among sitting Judges of the Caribbean Court of Justice contain serious allegations which relate expressly and directly to their clients’ own proceedings before the Court in the recently heard appeal. The Lawyers said the appalling allegations of panel-fixing and efforts to influence the opinions of fellow judges authoritatively imperil the very integrity of the Court.

“Our clients are deeply disturbed and distressed by the allegations and have formed the strong and reasonable view that they may not have received the fair hearing which is constitutionally guaranteed to them. Already, thousands of Guyanese have taken to social media to criticize the CCJ for its posture and perceived impropriety in our clients’ case. It must be said that the public perception of our clients’ most recent appeal before the CCJ is that justice did not appear to have been done. The erosion of public confidence in the CCJ and the President of the Court, Justice Anderson cannot be underestimated,” the lawyers noted.

The Attorneys are also taking Justice Anderson to task over statements made by leader of the People’s National Congress Aubrey Norton about Justice Anderson making direct contact with him and encouraging him to agree to the President’s nominees for the two top judicial posts.

“Our clients are of the considered opinion that Justice Anderson would have crossed the line and breached the separation of powers principle by involving himself in this matter. If true, Justice Anderson’s actions would leave the indelible impression that he overstepped the proper bounds of his office, seeking to use his position as President of the CCJ to influence the selection of Guyana’s Chief Justice and Chancellor in a manner calculated to facilitate and advance the wishes of the ruling party. Such an intervention would be irresponsible, improper and wholly unwarranted, and risks creating the appearance that the prestige and authority of the Presidency of the Court were being brought to bear in aid of partisan political objectives”, the Lawyers said.

The Attorneys believe the CCJ President overstepped a line and got himself involved in the politics of Guyana. In his statement last Friday, the CCJ President admitted that he did contact the President and the then Opposition Leader on the judicial appointments, but looking back on the issue now, he said he wished he had taken another path.

On the same day that the the letter was dispatched, Justice Anderson a 9 page statement on various issues related to information released in the email leak.

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