By Travis Chase | HGP Nightly News|
The legal battle over the extradition of Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, reached a critical junction today as the pair moved to the Court of Appeal. The formal application seeks an urgent stay of the committal proceedings currently before Magistrate Judy Latchman.
The move follows a significant setback in the High Court earlier this month, in which their constitutional challenge to the extradition was dismissed.
The Notice of Motion
In their filing with the appellate court, attorneys for the Mohameds request an immediate halt to all lower court proceedings. Their primary concern is that the committal hearing could conclude before their substantive appeal is heard, potentially resulting in their being taken into custody and rendered unable to contest extradition from Guyanese soil.
Key Arguments for the Stay:
- Political Bias: The defense contends that the “Authority to Proceed” issued by the Minister of Home Affairs is unlawful, alleging the decision was tainted by political bias.
- Conflict of Interest: They argue that both the Minister of Home Affairs and the Attorney General are “politically conflicted” due to the Mohameds’ role in the political opposition.
- Preserving the Appeal: The applicants request a “fast-track” hearing, warning that, absent a stay, the appeal process would become “meaningless” if they are already committed to custody or extradited.
The U.S. Indictment
The extradition request stems from an 11-count federal indictment issued in the United States. The charges involve high-level financial crimes allegedly committed through their business networks:
| Charge Category | Details |
| Mail & Wire Fraud | Conspiracy to defraud entities via electronic and postal communication. |
| Money Laundering | Conspiracy to conceal the origins of illicitly obtained funds. |
| Transnational Crime | Allegations of large-scale gold smuggling operations. |
Context: High Court Dismissal
The shift to the Court of Appeal follows the High Court’s ruling that the government-initiated extradition process complied with the legal framework set out in the Extradition Act. The High Court also ordered the Mohameds to pay the state’s legal costs, a decision that is also being challenged in this new round of litigation.
If the Court of Appeal refuses the stay, the committal hearing before Magistrate Latchman will proceed. At the conclusion of that hearing, the Magistrate will determine if there is sufficient evidence to commit the Mohameds to prison to await the Minister’s final warrant for surrender to U.S. Marshals.
