By Mark DaCosta- In a significant legal showdown at the Georgetown Magistrates’ Court, the extradition proceedings involving Nazir Mohamed and his son Azruddin, who leads the WIN party, have sparked intense debates over the implications of recent amendments to the Fugitive Offenders Act.
Both men are facing serious allegations in the United States, including charges of fraud and money laundering tied to an elaborate gold export scheme. However, the crux of this case veers into constitutional territory, where the defence is fervently challenging laws believed to undermine fundamental rights.
The case, presided over by Principal Magistrate Judy Latchman, saw the defence team, comprising Senior Counsel Roysdale Forde, attorneys Siand Dhurjon, and Rajeev Persad, assert that the legislative changes made in 2009 effectively erode the rights of citizens. They specifically argue that the amendments allow the Minister of Home Affairs to wield excessive power, potentially detaining and extraditing individuals without sufficient oversight or legal safeguards.
Forde emphasised, “The key issue revolves around the minister’s powers to arrest, detain, and extradite citizens without sufficient legal safeguards. The questions we raised are not frivolous or vexatious.”
The defence has called for a referral to the High Court to examine these constitutional issues, asserting that the amendments infringe on the constitutional rights of the Mohameds. They contend that the lack of provisions preventing re-extradition to a third country without prior consent from our Government renders the extradition treaty with the U.S. fundamentally flawed.
Forde pointedly remarked, “It is pellucidly clear that the U.S. is a treaty territory, and Section 8(3)(b) prohibits the extradition of any person to the U.S. unless provision has been made to prevent re-extradition to a third country without Guyana’s consent.”
This legal argument strikes at the heart of the extradition process and raises questions about the powers bestowed upon a single minister. The defence argues that insufficient curbs on such powers may lead to arbitrary actions that violate the rights of those affected. Drawing from established precedents, including the significant Barry Dataram case, the defence argues it is crucial for the High Court to address these legislative changes.
In stark contrast, Special Prosecutor Terrence Williams K.C., dismissed the defence’s assertions as “frivolous and vexatious.” He contended that the matters raised are irrelevant in the context of extradition, insisting that the current proceedings should continue unimpeded. Williams further asserted, “The right does not belong to the citizens, no constitutional rights. This is a case about extradition, and there are no constitutional issues to consider at this time.” His arguments, however, seem disconnected from the weighty implications on citizens’ rights to a fair legal process.
The prosecution has also introduced a diplomatic note from the U.S. government, arguing it serves to clarify concerns regarding re-extradition. Williams maintained that the note assures that the defendants would not be sent to a third country without the Government of Guyana’s consent. Yet, Forde argued that this late inclusion indicates a failure to provide complete evidence before court proceedings and is inadequate to address the critical issues at stake.
With legal arguments lasting over four hours, the tension in the courtroom was palpable. The fate of the Mohameds hinges not just on the accusations of the U.S. but also on crucial questions surrounding the powers of the government and the protections afforded to citizens. Observers cannot ignore the potential for political motivations at play in a case involving individuals like the Mohameds, who have influenced local politics and economy.
Outside the courthouse, Forde expressed confidence in the defence’s position, asserting that they had clearly articulated the necessity for judicial scrutiny into these constitutional questions. “We have clearly articulated the reasons why these constitutional questions are not frivolous or vexatious. We believe the High Court should hear these issues before we proceed with the extradition,” he said.
Principal Magistrate Latchman has promised to deliver her ruling on the matter soon, setting the stage for what will undoubtedly have significant ramifications for both the defendants and the broader implications of the state’s authority over its citizens. The upcoming decision on whether the constitutional issues raised by the Mohameds will be referred to the High Court could define the landscape of extradition law in our nation, with observers keenly awaiting the outcome on Wednesday.
