Prosecution completes disclosures in Mohameds extradition case; Constitutional issues to be heard and addressed

Senior Magistrate Judy Latchman, has set December 10 as the date when she will rule on Constitutional issues raised in the extradition case against Billionaire businessmen Nazar Mohamed and Azruddin Mohamed, now that the Prosecution has completed its disclosures.

When the case was called today in the Georgetown Magistrates’ Court, the Prosecution led by Special Prosecutor, Terrence Williams KC, indicated that all of the documents needed to support the extradition request by the United States (US) are now with the Court.

Outside the courtroom, Williams explained that full disclosure was made last Monday, and all of the supporting evidence has gone through the correct diplomatic channels.

He said the evidence against the Mohameds is before the Court.

“I don’t want to speak in details about the evidence in the request, in the American request, because that’s matters before the court and I don’t want to speak about the content of it, and the persons involved. But yes, we have the evidence in the request put before the court, indeed that was our position from the 24th,” Williams said.

The documents presented to the Court include a diplomatic note and warrants from the US authorities to support the US extradition request. The father and son are facing an 11-count indictment in Florida related to allegation of mail and wire fraud, money laundering, conspiracy, aiding and abetting, and customs related violations connected to an alleged US$50M gold export and tax evasion scheme.

Once the process of disclosure was officially declared complete, the Defence made a case for the extradition hearing to be heard at the level of the High Court to address a number of Constitutional matters.

Underscoring the importance of due process, the Prosecutor said the Prosecution has not objected, and time was allocated by the Court for the Defence to make its submissions.

“It is a due process issue, and if they need more time, we are not going to oppose that because they need to be properly prepared when they are making their submissions, and we can’t object to that,” Williams said.

However, he noted that the Prosecution was prepared to lead evidence in case today.

“We were making ourselves ready to call evidence and start if needs be. So, we had persons present, should the matter start, they would give their evidence,” Williams said.

Among those present at the court this morning were the Solicitor General, Nigel Hawke and Permanent Secretary of the Ministry of Foreign Affairs, Sharon Roopchand.

Defence Attorney, Roysdale Forde said now that the process of disclosure has concluded, the Defence would be reviewing the evidence submitted to the Court, even as it prepares to make submissions on a number of Constitutional issues.

“We are challenging the provisions of an amendment made in 2009 which really and truly altered the landscape in relation to extradition proceedings. The amendment was a consequent of a ruling by the Full Court in the matter of Barry Dataram, where the court made a number of pronouncements which basically struck down large parts of the Extradition Act. As a consequent, Parliament enacted legislation which we believe is unconstitutional,” Forde explained.

The Court has given the Defence up to December 5 to make its written submission on the Constitutional matters, and has set December 8 for oral arguments ahead of the December 10 ruling. The ruling on December 10 will not address the substantive issue of the extradition request.