The High Court of Guyana has overturned a magistrate’s dismissal of a gold smuggling case against Brazilian national Osmil Costa Da Silva, ruling that the responsibility for providing a court interpreter lies with the judiciary and not prosecutors.
Acting Chief Justice Navindra Singh on Thursday granted judicial review relief in favour of the Special Organised Crime Unit (SOCU), quashing a decision by Magistrate Clive Nurse to dismiss the matter for want of prosecution.
Da Silva was charged in May 2025 with possession of gold by a person not being a producer, contrary to Guyana’s Gold Act, after appearing before Acting Chief Magistrate Faith McGusty. The case was later transferred to the Mahdia Magistrates’ Court.
The matter was dismissed after the prosecution failed to secure an independent Portuguese interpreter for the defendant. A previous interpreter proposed by SOCU had been rejected after defence attorney Latchmie Rahamat argued that the individual had assisted investigators during the probe and was therefore not impartial.
When the case resumed in April 2026, SOCU prosecutors requested an adjournment, stating that efforts were underway to secure another interpreter, including through the Brazilian Embassy. Magistrate Nurse dismissed the case despite prosecutors appearing with witnesses ready to proceed.
In his ruling, Justice Singh said Article 144(2)(f) of Guyana’s Constitution clearly places the obligation to provide interpretation services on the court. He criticised the dismissal, noting that prosecutors had been prepared to proceed with witnesses present.
The court also awarded costs of $50,000 against Magistrate Nurse in favour of SOCU.
SOCU Head and Deputy Commissioner Fazil Karimbaksh criticised the magistrate’s handling of the matter, saying it was unfortunate that the agency had to seek court intervention to ensure compliance with the law.
The High Court of Guyana has overturned a magistrate’s dismissal of a gold smuggling case against Brazilian national Osmil Costa Da Silva, ruling that the responsibility for providing a court interpreter lies with the judiciary and not prosecutors.
Acting Chief Justice Navindra Singh on Thursday granted judicial review relief in favour of the Special Organised Crime Unit (SOCU), quashing a decision by Magistrate Clive Nurse to dismiss the matter for want of prosecution.
Da Silva was charged in May 2025 with possession of gold by a person not being a producer, contrary to Guyana’s Gold Act, after appearing before Acting Chief Magistrate Faith McGusty.
The case was later transferred to the Mahdia Magistrates’ Court.
The matter was dismissed after the prosecution failed to secure an independent Portuguese interpreter for the defendant. A previous interpreter proposed by SOCU had been rejected after defence attorney Latchmie Rahamat argued that the individual had assisted investigators during the probe and was therefore not impartial.
When the case resumed in April 2026, SOCU prosecutors requested an adjournment, stating that efforts were underway to secure another interpreter, including through the Brazilian Embassy. Magistrate Nurse dismissed the case despite prosecutors appearing with witnesses ready to proceed.
In his ruling, Justice Singh said Article 144(2)(f) of Guyana’s Constitution clearly places the obligation to provide interpretation services on the court. He criticised the dismissal, noting that prosecutors had been prepared to proceed with witnesses present.
The court also awarded costs of $50,000 against Magistrate Nurse in favour of SOCU.
SOCU Head and Deputy Commissioner Fazil Karimbaksh criticised the magistrate’s handling of the matter, saying it was unfortunate that the agency had to seek court intervention to ensure compliance with the law.
SOCU was represented by attorneys David Brathwaite and Darin Chan, while Magistrate Nurse was represented by state counsel from the Attorney General’s Chambers.
SOCU was represented by attorneys David Brathwaite and Darin Chan, while Magistrate Nurse was represented by state counsel from the Attorney General’s Chambers.
