A battery of attorneys for Nazar Mohamed and his son, Azruddin Mohamed, argue that specific amendments to the Fugitive Offenders Act are inconsistent with the Constitution and are therefore unconstitutional.
They contend that these changes infringe their clients’ right to liberty and other fundamental rights.
They maintain that these constitutional questions ought properly to be referred to the High Court for determination.
According to Senior Counsel Roysdale Forde, the amendments to the Fugitive Offenders Act completely prohibit his clients from challenging the constitutionality of the extradition proceedings in a court of law.
He argues that this restriction further denies them access to a fair legal process.
The defence is currently making its submissions before Principal Magistrate Judy Latchman, with the prosecution expected to respond next.
The prosecution had earlier confirmed that full disclosure was completed in the extradition proceedings against the two businessmen.
With all documents now served, the matter has moved to arguments on the constitutional objections raised by the defence.
Principal Magistrate Latchman has indicated that she will deliver her ruling on the issues on Wednesday.
Nazar and Azruddin Mohamed—owners of Mohamed’s Enterprise—remain on $150,000 bail each as the proceedings continue.
The father and son were previously sanctioned by the United States Government for alleged gold smuggling and corruption.
They have since been indicted in a U.S. court on 11 counts of financial crimes, including money laundering and wire and mail fraud.
The United States is seeking their extradition to answer those charges.
