Extradition proceedings against Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, are set to resume at the Georgetown Magistrate’s Court tomorrow, after the Caribbean Court of Justice (CCJ) rejected their latest attempt to halt the matter.
Attorney General and Minister of Legal Affairs, Senior Counsel Anil Nandlall, who represents the State in the matter, explained the development during his weekly Issues in the News programme.
The Mohameds had initially asked the Guyana Court of Appeal to stop the Magistrate’s Court from proceeding while their appeal was pending. On August 26, however, the Court of Appeal ruled that the extradition proceedings should continue, while barring the magistrate from making a final determination until the appeal is heard and determined.
Nandlall said the ruling was not what the Mohameds had sought.
“So rather than obtain a stay, they got an order that directs the magistrate to proceed with the hearing but don’t make a final determination until the Court of Appeal hears the appeal,” he said.
The appeal before the Court of Appeal arises from a decision by Justice Navendra Singh dismissing a constitutional motion filed by the Mohameds, which challenged the constitutionality of certain provisions of the Fugitive Offenders Act.
Following the Court of Appeal ruling, the Mohameds approached the CCJ. Nandlall said they made four requests, including an application for special leave to appeal the Court of Appeal’s decision.
“And while that is pending, they want an interim order to stay the magistrate court proceedings,” he said.
They also asked for the matter to be heard before September 3, or for a stay to be granted if that was not possible.
“And fourthly, they wish the court to come out of vacation and hear their case under a special rule that is part of the rules of the court,” he added.
The CCJ, however, considered the application on the papers and rejected the requests.
“The application for a stay of extradition committal proceedings is dismissed and all other relief sought is refused,” the Attorney General said.
The Court of Appeal has set October 13 to hear the Mohameds’ pending appeal. In the meantime, the extradition proceedings will continue before the Magistrate’s Court.
