CCJ to rule ‘soon’ in Mohameds’ appeal; urges restraint in public commentary

The Caribbean Court of Justice (CCJ) on Tuesday reserved its decision in the appeal brought by Azruddin and Nazar Mohamed.

In delivering its position at the close of lengthy arguments, the Court emphasised that the matter would be handled with expedition, noting that a decision will be issued once the Court is in a position to do so.

The interim stay currently in place will remain in effect until the Court delivers its ruling.

The Court also made clear that while it does not regulate public commentary on judicial matters, attorneys on both sides should avoid statements outside the courtroom that could undermine fairness or public confidence in the administration of justice.

Arguments were heard before a full bench of the CCJ, presided over by President Justice Winston Anderson, alongside Justices Maureen Rajnauth-Lee, Justice Chile Eboe-Osuji, Justice Chantal Ononaiwu, Justice Denys Barrow, Justice Peter Jamadar, and Justice Arif Bulkan.

The appeal arises from the ongoing extradition proceedings against the Mohameds, Azruddin and Nazar, and a judicial review application which has already been dismissed at the High Court and Court of Appeal levels in Guyana.

During the hearing, attorneys for the Mohameds faced sustained questioning from the bench, particularly on their central claim that the decision to issue the Authority to Proceed (ATP) was tainted by bias.

Trinidadian Senior Counsel Fyard Hosein, leading the defence alongside Roysdale Forde and Siand Dhurjon, argued that procedural fairness must apply from the earliest stage of the extradition process, including the minister’s decision to issue the ATP. He maintained that bias at that preliminary stage undermines the entire process, contending that individuals should not be required to endure subsequent proceedings before challenging such defects.

However, several justices pressed counsel on whether the alleged issues, such as procedural fairness and alleged bias, could instead be addressed during later judicial stages, including committal proceedings or habeas corpus review.

The Court also questioned whether the defence could point to any specific failure by the Minister beyond the general allegation of bias. In response, Hosein conceded that no specific unlawful act had been identified apart from the bias claim itself.

Senior Counsel Roysdale Forde, in supporting submissions, argued that even if bias were established, the law allows for the minister’s functions to be delegated under Guyana’s Interpretation and General Clauses Act.

He submitted that the matter could be remitted to another impartial decision-maker, rather than bringing the extradition process to an end.

Appearing for Minister of Home Affairs Oneidge Walrond, Trinidadian Senior Counsel Douglas Mendes argued that the applicants had effectively waived any objection to the minister’s involvement by engaging her office before the issuance of the ATP.

He maintained that the minister’s role at this stage is administrative rather than adjudicative, requiring only that she consider whether any obvious legal bar exists—not to make definitive findings on the merits. Mendes further contended that the defence had failed to identify any substantive ground on which the extradition could be considered unlawful.

Attorney General Anil Nandlall, SC, also addressed the Court, describing extradition as a “sui generis” process grounded in international law and treaty obligations. He argued that the minister’s function is executive and administrative, and does not attract the full application of traditional natural justice principles.

Responding to concerns raised by the bench regarding public statements, Nandlall denied making improper comments, stating that his remarks were taken out of context and did not prejudice the proceedings.

The appeal challenges the legality of the extradition process initiated against the Mohameds, including allegations that the Minister of Home Affairs was biased in issuing the Authority to Proceed.

The CCJ had earlier granted a stay of the extradition proceedings pending the outcome of the appeal, effectively halting the committal hearing before the Georgetown Magistrates’ Court.

With arguments now concluded, the region’s apex court is expected to deliver its ruling in due course.

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