ATTORNEY GENERAL (AG) Anil Nandlall has welcomed what he described as an “aggressive” timeline established by the Caribbean Court of Justice (CCJ) for the hearing of the Mohameds’ appeal, following a case management conference held on Wednesday.
During a video interview, following the proceedings, Nandlall stated that the applicants have approached the CCJ seeking special leave to appeal a decision of the Guyana Court of Appeal, along with a request for a stay of ongoing magistrate’s court proceedings.
“At the case management conference, the court sounded out from everybody what their respective positions were,” he said, noting that the applicants are seeking both leave to appeal and a stay, while the State has firmly opposed both applications.
“We take such a position because we are of the view that the appeal will not succeed, that the appeal has no likelihood of success, and we respectfully maintain that position,” Nandlall stated.
However, he noted that the CCJ issued a case management order directing that the magistrate’s court proceedings be stayed until the appeal is determined. According to the Attorney General, this is consistent with how final courts typically operate.
“To preserve the status quo, to preserve the integrity of the proceedings that are pending before the court, a final court would normally preserve the status quo while the appeal is being heard, and that is precisely what the CCJ did,” he explained.
As such, the CCJ has set April 21 as the date for the hearing of the appeal and has outlined strict timelines for submissions.
“I think the court then decided to give directions of an aggressive nature… an aggressive list of directions, so each side were granted leave to put their respective submissions in writing in very abbreviated periods,” Nandlall said.
He added that the court repeatedly stressed the urgency of the matter and the need for it to be dealt with swiftly, particularly given its nature.
“The court repeatedly stressed the urgency of this matter and the need for it to be concluded with dispatch,” he said, adding that the court also highlighted “that there is a public interest that the court must take into account” and that extradition proceedings “must be treated with dispatch.”
Against this backdrop, Nandlall expressed hope that this guidance would resonate throughout the judicial system.
“I am hoping that those sentiments coming from the highest court will transmit lower down the judicial rung… so that courts who are dealing with the matter can get a clear signal that the highest court is saying that the matter must be dealt with in dispatch and speed,” he noted.
Added to this, the legal affairs minister addressed the public commentary surrounding the case and urged restraint, emphasising that the matter is still to be determined.
“All this is simply a conservatory order until the main event comes and is concluded… the court said very clearly that it will make its decision on the 21st and we should all await that date,” he said.
Reaffirming the State’s position, the AG maintained his confidence in the outcome.
“I am of the firm view that the appeal has no likelihood of success… I am confident that we will prevail,” he asserted.
