–in landmark ruling on high-profile matter involving Brazilians in massive cocaine bust here last May 

HIGH Court Judge Sandil Kissoon on Friday ruled that Senior Magistrate Alex Moore erred when he granted bail to two Brazilians who were charged for cocaine trafficking and entering Guyana illegally.

Justice Kissoon ruled in favour of an application filed by Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., to challenge Magistrate Moore’s decision to grant bail to the two foreign nationals.

Salem Nobrega De Alencar, 64, and André Pereira, 30, were arrested and charged following the discovery of some 1,000 pounds of cocaine aboard a plane that had crash-landed in a savannah at Orealla, in Region Six (East Berbice-Corentyne), on May 20, 2021.

Magistrate Moore, who presides over the Springlands Magistrate’s Court, had granted the men bail in the sum of $3M each on the drug-trafficking charge, and another $50,000 each for the illegal entry charge during their second court appearance.

According to a release from the Attorney- General’s Chambers, while delivering his landmark ruling, Justice Kissoon on Friday expounded that irrespective of the magistrate’s decision to not respond to the proceedings filed against his decision, it does not act as a bar to prevent the Court from judicially reviewing the said decision.

He also said that Magistrate Moore’s decision to admit the duo to bail, in accordance with conditions for granting bail under Section 94 of the Narcotics Act, Chapter 10:10 were not satisfied, given that said magistrate took into account factors relating to the offender, and not the offence, as is required by the said Section 94.

It was against this backdrop, the release said, that Justice Kissoon found that there was no basis, fact or circumstances, existing or apparent, nor any Principle of Law or consideration relevant or applicable in the circumstances of the case to warrant or justify the decision of Magistrate Moore to release the men on bail.

‘PLAINLY IRRATIONAL, PERVERSE’
According to the AG’s Chambers, “The learned Judge held that the said decision was plainly not only irrational, but perverse; that Justice Kissoon further held that the learned magistrate committed grave errors in the interpretation and application of Section 94 and what constituted special reasons… and as such makes his decision liable to be quashed.”

Lastly, Justice Kissoon reportedly found that Magistrate Moore quantified erroneous and irrelevant considerations, which had no bearing on the issue and matter before him, and that as such, his decision was not only erroneous in law, and without lawful basis, but also plainly irrational, untenable, perverse, and made without jurisdiction, as it fell outside the bounds of what can be construed as reasonable.

In closing, the AG’s Chambers reported, “The learned Judge concluded that the decision of Magistrate Moore to admit the men to bail was not a judicial one.”

Back in August 2021, Justice Kissoon had suspended the bail which was granted by Magistrate Moore following the application made by Nandlall.

The men, having been remanded to prison ever since, will now remain in custody until the hearing and determination of their trial, as they have no legal ties to Guyana, and pose a flight risk.

Reports are that the pair had initially claimed that they were on their way to neighbouring Suriname to deliver a shipment of magnesium, but during an inspection of the aircraft shortly after it crash-landed here, 453 packs, each containing one kilogram of cocaine, were found onboard it. In toto, the cache amounted to almost 1,000 pounds of cocaine.

Besides the drugs, two GPS devices, a radio system, three smartphones, and the men’s Brazilian identification cards were seized. On May 27 last, they appeared at the Springlands Magistrate’s Court for the aforementioned offences and were remanded to prison by Magistrate Moore.

But when the case was recalled two months later, on July 22, Police Prosecutor Orin Joseph laid over an analysis report for the drugs, police statements, photographs of a WhatAapp conversation taken from a cellular phone reportedly connected to the men and a compact disc with the police interviewing them.

Prosecutor Joseph had also requested an additional adjournment to secure a few more statements from investigating ranks, as well as responses to inquiries made to the authorities in Brazil, Suriname and Guatemala.

On that same date, the men’s attorney reportedly renewed an application for bail, on the grounds that his clients may have contracted COVID-19, and were being assaulted by other prisoners.

Despite the prosecutor pointing out to the court that these claims were not supported by any medical or other evidence, Magistrate Moore released them on bail.

Owing to the delay in releasing them from prison, their attorneys then moved to the High Court and filed Habeas Corpus proceedings before Justice Kissoon. In like manner, Minister Nandlall also moved to the court, filing proceedings for a judicial review against the magistrate’s decision to grant bail.