Senior Counsel Roysdale Forde has vowed to challenge the decision to remand Opposition Leader Azruddin Mohamed, declaring that there is “absolutely no basis” for the refusal of bail and promising to pursue the matter through Guyana’s highest courts if necessary.
Speaking to reporters this afternoon after leaving the Sparendaam Magistrates’ Court, where Mohamed was remanded to prison until November 24, Forde said the defence would immediately approach the High Court for bail and, if unsuccessful, take the matter to the Court of Appeal and ultimately the Caribbean Court of Justice (CCJ). Mohamed appeared before Magistrate Abigail Gibbs.
Forde mounted a strong challenge to the prosecution’s case, arguing that the charge under Section 9 of the Cybercrime Act could not be sustained because the prosecution had failed to establish the essential elements of the alleged offence.
Explaining the legal basis of his objection, Forde said:
“A simple reading, a primary school student, Common Entrance student, would be able to read that section and understand what are the elements of the offence. It requires you to obtain something, in this case data, and requires you to give it to someone.”
He insisted that the prosecution had failed to demonstrate that those requirements were satisfied in Mohamed’s case.
“The prosecution’s case has failed to demonstrate the elements of the offence. They have failed to demonstrate.”
The senior counsel also questioned the magistrate’s reported justification for refusing bail, which he said was based on Mohamed having previously been granted bail on several occasions and subsequently being accused of committing other offences.
Forde argued that the reasoning provided by the magistrate did not justify keeping Mohamed in custody, particularly given the defence’s position that the prosecution had failed to establish the essential elements of the charge.
He further described the prosecution of Mohamed as being driven by the executive, indicating that the defence intends to challenge the circumstances surrounding the proceedings.
Beyond the bail decision, Forde raised concerns about the exclusion of members of the media from the court proceedings, describing the situation as particularly unfortunate for journalists who were unable to hear the arguments presented before the magistrate.
“It is unfortunate for new members of the media who are not allowed to be present to hear the proceedings. I don’t know if you were able to hear it. We were not. And that is most unfortunate.”
He also expressed surprise that family members were not permitted to attend, questioning whether any lawyer had raised the issue of the media’s exclusion before the court.
The restrictions on media access have added another dimension to concerns surrounding the proceedings, given Mohamed’s position as Opposition Leader and the considerable public interest in the allegations and the court’s decisions.
Forde’s announcement of an immediate High Court application, with further appeals to the Court of Appeal and CCJ if necessary, signals that the defence is prepared for a protracted legal battle over Mohamed’s detention.
Mohamed and Police Constable Ryan Greene were remanded until November 24 after appearing before the Sparendaam Magistrates’ Court, where the prosecution successfully opposed bail.
The defence will now seek to persuade the High Court that Mohamed should be released while the criminal proceedings continue.
