— says: “They are asking for the protection of the law on the one hand, and when that is extended to them, they defile the process”
Attorney General and Minister of Legal Affairs, Anil Nandlall, SC, has dismissed claims that the prosecution was unprepared in ongoing extradition proceedings involving businessmen Nazar Mohamed and his son, Azruddin. The Attorney General made the clarification during an interview on November 10, following the latest hearing before Magistrate Judy Latchman, where key documents were handed over to the defense.
Nandlall reminded that when the matter was first called on October 31, the court had set November 10 specifically for the prosecution to disclose all documents related to the extradition request.
“You will recall and your viewers will recall that on the 31st of October, when the matter was first called in the Magistrates’ Court and the Mohamed’s were taken there pursuant to an arrest warrant issued under the hand of the Magistrate, it was stated that on the adjourned date, that is to say the 10th of November, that the prosecution will make disclosures to the defendant. And today was fixed exclusively for that purpose. And that was done,” he stated.
According to the Attorney General, a full bundle of documents was handed over, all originating from United States agencies and duly authenticated.
He outlined that the bundle included a certificate from the U.S. Secretary of State authenticating the documents, a certification from the U.S. Department of Justice, another from the Office of International Affairs, and a detailed affidavit from Assistant U.S. Attorney Michael Berger summarizing the case involving alleged gold smuggling, tax evasion, money laundering, conspiracy and fraud. The indictment itself, signed by several U.S. Justice Department officials, was also included, along with supporting exhibits and a diplomatic note transmitting the bundle from the U.S. Embassy to Guyana’s Ministry of Foreign Affairs.
“That is what we were supposed to disclose today and we disclosed it today,” Nandlall said.
However, in recent public commentary, representatives of the Mohameds have suggested that delays in the case resulted from the prosecution not being prepared. Nandlall rejected that outright.
“So that allegation of ill preparedness is a fabrication and a contrivance of the Mohameds. This bundle was given to them. This is what we received and this was handed to them. So where is the contrivance?” he questioned.
He argued that the defense itself required time to review the documents, and that proceeding immediately would have been unfair to the accused.
“Would it have been fair to the Mohameds if the prosecution said, here’s the document, let us commit him today? They are asking for due process. They are asking for the protection of the law on the one hand, and when that is extended to them, they defile the process and they go on a political propaganda that is self-destructive, but they are misleading the population,” the Attorney General stated.
He added that the defense had even agreed that a later date, November 28, would be better, as they needed time to prepare.
“In fact, when the 24th was first suggested, one of their lawyers readily accepted the 28th of November as a better date because they wanted more time. And we are saying in the meanwhile, we are going to give you some additional documents, which we feel out of fairness we should give to you. We don’t have to. We are bending backwards, in other words, to ensure that they are accorded all the documents so that they can properly prepare,” Nandlall said.
He added, “So, if you do, you are condemned. If you don’t, you are condemned.”
The case is expected to continue later this month.
