Chief Justice (ag) Navindra Singh on Tuesday dismissed the substantive constitutional challenge mounted by United States-indicted businessman Azruddin Mohamed and his father, Nazar Mohamed, clearing the way for the continuation of extradition proceedings against them.
The ruling comes as the father-and-son duo simultaneously moves to the Court of Appeal seeking a stay of the committal proceedings before Principal Magistrate Judy Latchman, arguing that their appeal should be determined before any further steps are taken in the magistrates’ court.
In the High Court, the Mohameds had challenged the constitutionality of aspects of the Fugitive Offenders Act, particularly amendments made in 2009, contending that the statutory framework underpinning the authority to proceed with their extradition was unlawful.
However, in a decision delivered on Tuesday, Chief Justice Singh dismissed the substantive case.
The decision follows an earlier February 4 ruling in which the acting Chief Justice rejected a separate legal challenge alleging political bias on the part of the Minister of Home Affairs and the Government of Guyana.
In that decision, the court held that the minister performs an executive function under the Act, and that claims of political rivalry could not invalidate the statutory authority to proceed.
State attorneys, led by Attorney-General and Minister of Legal Affairs Anil Nandlall, SC, and Senior Counsel Douglas Mendes, had maintained that the extradition framework is constitutionally sound and that the minister’s role is administrative rather than judicial in nature.
They further argued that accepting political bias as a defence would set a dangerous precedent, allowing persons facing extradition to enter politics to shield themselves from lawful proceedings.
With the substantive constitutional challenge now dismissed, the Mohameds’ latest move to the Court of Appeal seeks to halt ongoing extradition proceedings until their appeal is heard and determined, or alternatively to have the motion treated as the substantive appeal itself.
The extradition matter stems from a federal indictment returned by a grand jury in Miami, which alleges that the Mohameds engaged in a multi-year scheme to evade taxes and royalties on gold exports from Guyana, resulting in an estimated loss of some US$50 million to the state. The charges also include money laundering and wire fraud offences, along with a separate allegation involving tax evasion linked to the importation of a luxury vehicle.
Extradition proceedings before the Georgetown Magistrates’ Court are expected to continue, subject to any directions issued by the Court of Appeal on the application for a stay.
