US extradition proceedings against Mohameds to resume as CCJ dismisses appeal

Extradition proceedings brought by the United States against Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, can now move forward in the Georgetown Magistrates’ Court after the Caribbean Court of Justice (CCJ) today dismissed the duo’s appeal.

The Mohameds had approached the CCJ to halt their extradition to the US, which has indicted them on charges of mail fraud, wire fraud, and money laundering.

The Mohameds had told the CCJ that they are not opposed to the extradition itself, but are asking the court to overturn the “Authority to Proceed” (ATP) issued by Home Affairs Minister Oneidge Walrond. They argued the Minister’s decision was legally flawed and politically bias.

The Mohameds had argued that the speed at which the ATP was issued, shortly after the request was received, created an appearance of predetermined approval and raised questions about fairness at the earliest stage of the process.

On behalf of the Government, Senior Counsel Douglas Mendes defended the issuance of the ATP, arguing that the minister’s role at this stage is administrative and not adjudicative. He rejected the suggestion that the timing of the decision indicated bias, stating instead that any delay could have equally been criticised as a failure to act.

The CCJ had put an interim stay on the extradition committal proceedings before the Georgetown Magistrates’ Court while it reserves and prepares its final ruling.

The CCJ found that the minister acted within the powers granted under the Fugitive Offenders Act when issuing the ATP. In addition to dismissing the substantive appeal, the CCJ ordered that the interim stay be lifted and directed that no costs be awarded.

The US government is seeking the extradition of the father and son to face charges regarding the alleged smuggling of more than 10,000 kilograms of gold through the United States, and evading over US$50 million in taxes. The duo has been out on $150,000 bail each.