MOHAMEDS’ LEGAL TEAM TO APPEAL CHIEF JUSTICE’S RULING SAYS ATTORNEY ROYSDALE FORDE

By Travis Chase | HGP Nightly News |

Legal Battle Intensifies: Mohameds’ Legal Team to Appeal Chief Justice’s Ruling

GEORGETOWN, GUYANA — The legal tug-of-war surrounding the extradition of businessmen Nazar and Azruddin Mohamed is moving to the Court of Appeal. Following Chief Justice Navindra Singh’s landmark ruling on Tuesday, lead defense counsel Roysdale Forde, SC, has confirmed that an appeal is imminent, as the defense seeks to overturn the portions of the judgment that upheld the state’s power to proceed with the extradition.

While the High Court struck down specific provisions of the Fugitive Offenders Act as unconstitutional, it refused to grant the broader relief sought by the Mohameds, which would have effectively halted the current proceedings.

The Basis for Appeal

Senior Counsel Roysdale Forde indicated that while the defense welcomes the striking down of certain sections, they believe the Chief Justice erred in upholding the validity of the overall extradition framework in its current form.

• Partial Victory: The defense successfully argued that Sections 8(3)(b) and 8(3)(c) were unconstitutional. These sections attempted to dictate how judges interpret treaties and restricted the right of citizens to seek redress.
• The “Unfinished” Relief: The appeal will likely focus on the Chief Justice’s refusal to strike down Section 8(3)(a) and his ruling that the 1931 Extradition Treaty remains enforceable despite missing explicit modern safeguards.
• Constitutional Protection: Forde maintains that the current legislative amendments do not provide sufficient protection for Guyanese citizens facing foreign indictments, describing the ongoing process as a potential breach of fundamental rights.

Status of the Substantive Case

Despite the pending appeal, the “clock is still ticking” in the lower courts.

• Magistrates’ Court: The substantive extradition committal hearing continues before Principal Magistrate Judy Latchman.
• No Stay of Proceedings: Critically, the Chief Justice did not grant a stay. This means that unless the Court of Appeal intervenes with an interim injunction, the Magistrate can proceed to determine if there is enough evidence to commit the Mohameds for extradition to the United States.
• Key Date: Both sides are expected back in the Magistrates’ Court today, February 26, to argue whether the case should proceed as a “paper committal” or a full Preliminary Inquiry.

What is at Stake?

The Mohameds face a multi-count indictment in the United States involving allegations of:

1. Mail and Wire Fraud: Related to international business transactions.
2. Money Laundering: Alleged sophisticated financial networks spanning multiple jurisdictions.
3. Gold Smuggling: Customs-related offenses that have already led to significant U.S. Treasury sanctions against their business entities.

The Legal Roadmap Ahead

Export to Sheets

“The Chief Justice… ruled that while a section of the Fugitive Offenders Act is inconsistent with the Constitution, other sections are not. We believe that this is a matter that must be further ventilated at the level of the Court of Appeal,” Senior Counsel Roysdale Forde stated.