Attorney General and Minister of Legal Affairs Anil Nandlall, S.C., says the State is prepared to defend its position at the Caribbean Court of Justice (CCJ) if Nazar Mohamed and Azruddin Mohamed succeed in advancing their latest legal challenge against the extradition process.
The father and son have filed documents at the CCJ seeking special leave to appeal the recent Court of Appeal ruling, which dismissed their case and cleared the way for extradition proceedings to continue in Guyana.
However, Nandlall pointed out that the applicants did not first seek leave from the local Court of Appeal, instead choosing to apply directly to the CCJ, an approach that is permitted but requires meeting a strict legal threshold.
“They have a right to do so, but there are requirements that have to be satisfied. There is a threshold that has to be met,” the Attorney General explained.
He expressed confidence in the State’s position, noting that the Court of Appeal had already delivered a strong and decisive ruling against the Mohameds.
“The Court of Appeal unanimously made a particular pronouncement… that the appeal has absolutely no merit,” Nandlall said, describing the finding as “very deliberate and very powerful.”
He added that such a conclusion by the appellate court raises questions about whether the case can meet the standard required for the CCJ to grant special leave to appeal.
“You get leave to appeal if your appeal has some merit or some prospect of success,” he noted.
Despite this, Nandlall confirmed that the State is fully prepared to contest the matter at the regional court if it proceeds.
“Needless to say, the Attorney General [and] the Minister of Home Affairs… will be defending the case at the Caribbean Court of Justice,” he said.
The development comes after the Court of Appeal, led by Acting Chancellor Roxane George, upheld an earlier High Court ruling that rejected claims of bias in the issuance of the Authority to Proceed (ATP)—a key step in initiating extradition proceedings under the Fugitive Offenders Act.
The Mohameds have been challenging that decision, arguing that the process was tainted by political bias. Both the High Court and the Court of Appeal have rejected those arguments.
The matter now shifts to the CCJ, which will decide whether to grant special leave for the appeal to proceed.
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