The extradition proceedings against Opposition Leader Azruddin Mohamed and his father, businessman Nazar Mohamed, resumed Thursday with their lawyers again challenging the decision to allow the case to proceed while constitutional questions surrounding Guyana’s extradition law remain before the Court of Appeal.
Senior Counsel Roysdale Forde, assisted by attorneys Siand Dhurjon and Damien DaSilva, urged Chief Magistrate Judy Latchman to “stay her hand,” arguing that continuing the committal proceedings could create difficulties for the defence if the higher court later changes the interpretation of provisions now under constitutional challenge.
Forde said the defence was not attempting to frustrate the proceedings but was concerned about the fairness of completing cross-examination while important legal questions remained unresolved.
The defence pointed to treaty obligations and four statutory requirements being challenged, arguing that it could be placed in an unfair position if it completed its cross-examination under the existing legal framework and the law was subsequently altered.
Dhurjon described the situation as a “crisis of clarity,” arguing that the Court of Appeal’s order had created uncertainty over how the Magistrates’ Court should manage proceedings while the constitutional appeal remains pending.
The prosecution rejected the application.
Prosecutors Terence Williams and Herbert McKenzie argued that the defence was effectively seeking to reopen a stay that had already been rejected by the higher courts. They maintained that there would be no injustice in allowing the committal proceedings to continue.
The Court of Appeal ruled on August 27 that the proceedings should continue but barred Magistrate Latchman from making a final determination until the constitutional appeal is heard and decided. That appeal has been expedited for hearing on October 13.
The latest challenge follows a series of legal battles by the Mohameds.
In February, Acting Chief Justice Navindra Singh ruled that Section 8(3)(B) of the Fugitive Offenders Act was unconstitutional while upholding other provisions challenged by the two men. They subsequently appealed.
The Caribbean Court of Justice had earlier granted an interim stay in March while considering an appeal by the Mohameds, but ultimately dismissed that appeal on July 29 and discharged the stay, clearing the way for the extradition proceedings to resume.
The earlier CCJ challenge included allegations of bias surrounding the issuance of the authority to proceed. The regional court rejected that argument.
The U.S. is seeking the surrender of the Mohameds on an 11-count federal indictment arising from an alleged multi-year gold-export and tax-evasion scheme. U.S. prosecutors allege that more than US$50 million in taxes and royalties were evaded.
The charges include wire fraud, mail fraud, money laundering, conspiracy and customs offences. The Mohameds have denied the allegations.
The committal hearing began in January but has been repeatedly interrupted by legal challenges. Permanent Secretary of the Ministry of Foreign Affairs Sharon Roopchand-Edwards is the only witness to have testified so far and was being cross-examined when the proceedings were interrupted.
Magistrate Latchman did not grant the requested stay Thursday, indicating that the proceedings must continue in keeping with the Court of Appeal’s order, while deferring her ruling on specific arguments raised by the defence.
Further hearings are scheduled for September 4, 7, 8, 9 and 10.
