Opposition Leader Azruddin Mohamed will be unable to participate in Wednesday’s parliamentary sitting virtually after an application submitted by his lawyers to the prison authorities requesting that he join the proceedings via Zoom was denied.
The development was disclosed to Village Voice News by a Natasha Singh, Member of Parliament of the We Invest in Nationhood (WIN) during an interview ahead of the National Assembly sitting scheduled for 2:00 p.m. on Wednesday, November 11.
The WIN parliamentarian confirmed that all Members of Parliament had received an email containing a link for virtual participation, as Parliament continues to operate under a hybrid arrangement. However, MPs seeking to participate online must obtain the Speaker’s permission.
Although Mohamed had also received the email containing the link, his ability to join the sitting depended on arrangements being made for him at Lusignan Prison.
Singh told Village Voice that Mohamed has no telephone, computer, radio, television or other communication equipment in his cell. Consequently, he cannot independently access the virtual proceedings from prison.
She further confirmed that Mohamed’s lawyers had made an application to the prison authorities requesting that he be allowed to participate in the sitting through Zoom. That application was denied.
The rejection means that, despite Parliament’s hybrid arrangements and the availability of virtual access for MPs, the Opposition Leader will not be able to participate remotely from prison.
The development raises questions about the practical arrangements available to an elected parliamentary leader who remains in pre-trial detention and has not been convicted of an offence.
WIN MPs seek parliamentary intervention
The denial comes as two WIN parliamentarians, Dawn Hastings-Williams and Natasha Singh, submitted an adjournment motion to Speaker Manzoor Nadir seeking arrangements to protect Mohamed’s parliamentary and constitutional responsibilities.
The five-page motion, dated November 10, calls on the National Assembly to affirm that pending criminal charges or pre-trial detention do not automatically terminate an elected member’s parliamentary membership or the constitutional office of Leader of the Opposition.
The motion asks that arrangements be examined to enable Mohamed to perform his duties to the fullest extent legally permissible, including communication with the Speaker, the Clerk of the National Assembly, parliamentary colleagues and constituents.
It also recognises that parliamentary participation must be consistent with applicable laws and judicial orders and should not interfere with the independence of the courts or ongoing criminal proceedings.
The intervention places the Speaker and the relevant parliamentary authorities under pressure to clarify what arrangements, if any, can be made to facilitate the Opposition Leader’s participation.
Lewis warns against denying elected leader his parliamentary voice
The Guyana Trades Union Congress (GTUC), through its General Secretary Lincoln Lewis, has called for Mohamed to be released to attend Wednesday’s sitting or, alternatively, be allowed to participate virtually.
In a statement issued on November 8, Lewis called on the Guyana Prison Service, the Judiciary, the Executive and the Legislature to ensure that Mohamed is afforded the opportunity to participate according to his preference.
The union also specifically called on Clerk of the National Assembly Sherlock Isaacs to make the necessary arrangements, arguing that detention should not be used to prevent the Opposition Leader from carrying out the responsibilities of his elected office.
Lewis warned that the consequences extend beyond Mohamed personally, affecting the voters who elected him and the parliamentary representation of the WIN movement.
The GTUC invoked Article 155(1) of the Constitution in advancing its position that remand without conviction should not, by itself, prevent an elected parliamentarian from serving in the National Assembly. That is the union’s interpretation; the legal implications of Mohamed’s detention and participation remain subject to the Constitution, applicable law and any relevant court orders.
Lewis stated:
“Unless the Opposition Leader is present GTUC will confirm the intent behind his detention is an antidemocratic move.”
The union’s full position was published by Village Voice News.
Lewis had also spoken out following Mohamed’s remand, questioning the decision to keep him in custody and warning about the implications for constitutional rights and the rule of law. In a November 7 report, Village Voice News reported that Lewis described the detention of Mohamed and Police Constable Ryan Greene as unjustified and called for the protection of their rights and the presumption of innocence.
Why Mohamed is in prison
Mohamed has been on remand at Lusignan Prison since October 30, when Magistrate Abigail Gibbs refused bail to him and Police Constable Ryan Greene at the Sparendaam Magistrates’ Court.
The two were jointly charged under Section 9 of the Cybercrime Act 2018 with the alleged unauthorised granting of access to, or transfer of, electronic data. Constable Ashton Chappell was subsequently charged and remand until November 24.
The charge stems from allegations that Greene, who was attached to the Guyana Police Force’s Command Centre, accessed surveillance recordings from the Safe City system and supplied footage to Mohamed. The recordings relate to the October 12 incident outside the Kitty residence of Senior Superintendent Prem Narine, head of the Police Force’s Special Branch Unit.
Police have alleged that Greene received G$800,000 in connection with the transfer of the recordings. Mohamed subsequently displayed portions of the footage at a press conference, maintaining that it supported his account that he was the target of an assassination attempt.
The prosecution’s case concerns the alleged access to and transfer of the electronic data and whether the conduct breached the Cybercrime Act. Mohamed and Greene have not been convicted, and the allegations remain before the courts.
A second police officer, Constable Ashton Chappelle, was also charged in connection with the alleged extraction and transfer of the recordings and remanded.
All three men were remanded until November 24.
Bail challenge remains before the High Court
Mohamed is also challenging the refusal of bail through an application filed by his mother, Bonita Mohamed.
The matter was heard before Justice Priscilla Chandra-Hanif on November 4, but was adjourned to November 12 to allow the defence to address deficiencies in the supporting affidavit. A ruling on the bail application is expected on November 13, while the substantive judicial review is scheduled for November 23.
Mohamed remains on bail in separate proceedings, including the extradition case involving his father, Nazar Mohamed, and the criminal charges arising from the October 12 shooting incident.
His current detention is connected to the separate Cybercrime Act charge concerning the alleged unauthorised access to and disclosure of surveillance footage.
A test of parliamentary representation
WIN holds 16 of the 29 opposition seats in the 65-member National Assembly, making it the largest opposition bloc. Mohamed’s position as Leader of the Opposition gives the question of his participation significance beyond his individual circumstances.
The immediate issue is whether an elected Opposition Leader in pre-trial detention can be provided with a practical and lawful means of participating in parliamentary proceedings.
While Parliament has maintained a hybrid arrangement that allows MPs to seek permission to participate virtually, the denial of the lawyers’ application to the prison authorities has effectively prevented Mohamed from accessing that option.
The decision has also intensified questions about the coordination between the prison authorities and parliamentary officials when an elected representative is being held on remand.
The GTUC has called for the protection of Mohamed’s parliamentary responsibilities, while WIN parliamentarians have asked the Speaker to consider arrangements that would allow him to discharge his duties.
As the National Assembly prepares to meet, Mohamed’s absence will leave the Opposition Leader unable to participate in the proceedings, despite his party’s efforts to secure virtual access.
The wider question is whether the rights and responsibilities attached to an elected parliamentary office can be practically accommodated while the officeholder remains in pre-trial detention.
