1. Home
  2. COURT
  3. Mohameds extradition challenge faces pushback as KC Williams calls defence application premature

Mohameds extradition challenge faces pushback as KC Williams calls defence application premature

Mohameds extradition challenge faces pushback as KC Williams calls defence application premature
0

A legal battle over the extradition of Nazar Mohamed and his son, Azruddin Mohamed, intensified on Monday as prominent Jamaican King’s Counsel Terrence Williams argued that the defence’s application is premature and should be dismissed.

The Mohamed duo, through their attorneys, are challenging specific 2009 amendments to the Fugitive Offenders Act—Sections 3(a) and 3 (b)—claiming they are inconsistent with the Constitution and therefore unconstitutional.

As part of their application, they have requested that any constitutional issues arising from the case be referred to the High Court for proper determination.

Williams contended that established legal authorities dictate that challenges of this nature must await the completion of extradition proceedings.

Allowing the application at this stage, he argued, would serve no purpose other than to delay the ongoing extradition process.

The King’s Counsel submitted that the application is both frivolous and vexatious and ought to be dismissed.

Williams submitted that the court should not entertain challenges before the procedural steps of the extradition have run their course.

Lawyers for the Mohameds contend that these 2009 changes infringe their clients’ right to liberty and other fundamental rights.

They argue that this restriction further denies them access to a fair legal process.

The magistrate is expected to rule on the defence’s application 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 in a Florida court.