The Caribbean Court of Justice has dismissed and refused all of the reliefs sought by Azruddin Mohamed and his father, Nazar Mohamed, in their latest attempt to stop the extradition proceedings from continuing in the Magistrate’s Court.
Attorney General Anil Nandlall SC said yesterday that the ruling now clears the way for the Magistrate to resume the committal hearing on September 3, as ordered by the Court of Appeal.
The Mohammeds had approached the CCJ after the Court of Appeal, on August 26, ruled that the extradition proceedings should go on, but that the Magistrate could not make a final determination until a pending appeal is heard and determined.
Nandlall said the Mohammeds’ application to the CCJ essentially sought four forms of relief.
First, they sought special leave to appeal the Court of Appeal’s August 26 decision.
Second, while that special leave application was pending, they asked the CCJ for an interim order staying the extradition proceedings in the Magistrate’s Court.
Third, they asked for their application to be heard before September 3, when the Magistrate is scheduled to recommence the committal hearing, or for a stay to be granted if the application could not be heard by then.
Fourth, recognising that the CCJ was on vacation, they asked for a special sitting of the Court during the vacation to hear their application.
Nandlall said the State prepared its response over the weekend but did not file it, adding that the Court subsequently considered the papers filed and delivered its ruling.
The CCJ dismissed the application for a vacation hearing and the request to abridge the time for the application to be heard.
It also affirmed the decision of Guyana’s Court of Appeal made on August 26 and entered on August 27, dismissed the application for a stay of the extradition committal proceedings and refused all other relief sought.
“So, every order that was sought before the CCJ was dismissed and/or refused,” Nandlall said.
The Attorney General said the latest ruling means the Magistrate should no longer be in doubt about how to proceed.
He explained that the Court of Appeal had ordered that the extradition proceedings continue, while staying only the final disposition of those proceedings until the appeal is heard and determined.
In other words, the Magistrate can continue hearing the extradition matter but cannot make a final committal order.
The pending appeal before the Court of Appeal stems from a constitutional motion filed by the Mohammeds challenging provisions of the Fugitive Offenders Act, which was dismissed by Justice Navindra Singh.
That appeal remains pending and has been fixed for hearing on October 13.
Nandlall said the CCJ’s decision now unequivocally paves the way for the Magistrate to resume the proceedings tomorrow.
“The Court of Appeal has granted an order directing the proceedings in the Magistrate’s Court to proceed, but not to conclude,” he said.
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