In a significant legal development, prominent Guyanese gold traders Azruddin Mohamed and Nazar “Shell” Mohamed have petitioned the Georgetown Magistrates’ Court to refer constitutional challenges against amendments to the Fugitive Offenders Act to the High Court. The wealthy businessmen, indicted by United States authorities on charges of wire fraud, mail fraud, and money laundering related to their gold operations and luxury vehicle purchases, are contesting the legal framework that could facilitate their extradition.
During Monday’s proceedings, the defense team comprising Trinidadian attorney Rajiv Persad and Guyanese lawyers Roysdale Forde and Siand Dhurjon presented arguments questioning the constitutional validity of 2009 amendments to the extradition legislation. They characterized the matters under consideration as “substantial questions of grave public importance” that impact the fundamental propriety of Guyana’s extradition relations with treaty partners, including the United States.
The legal challenge centers on several contentious amendments, including provisions that grant ministerial authority to determine extradition matters based on “the interest of justice” and clauses that potentially allow for re-extradition to third countries. The defense argued these amendments represent parliamentary overreach that infringes upon judicial independence and separation of powers principles established in Guyana’s constitution.
Prosecution lead Terrence Williams of Jamaica countered that extradition inherently involves political dimensions supported by treaty obligations and parliamentary legislation. Williams emphasized that the United States had provided diplomatic assurances against re-extradition to third countries, rendering the defense’s specialty arguments “frivolous and vexatious” according to the amended Act’s standards.
Principal Magistrate Judy Latchman has scheduled her decision on whether to refer the constitutional questions to the High Court for December 10 at 9 AM, following additional submissions from both parties regarding the validity and applicability of the US diplomatic note.