Shooting outside the extradition witness’ home: An $800,000 payment for Police footage amounts to evidence tampering

Attorney General (AG) and Legal Affairs Minister Anil Nandlall, SC, has described the alleged payment of $800,000 by United States-sanctioned and indicted Opposition Leader Azruddin Mohamed to a Police constable for surveillance footage as a new development that could amount to tampering with evidence in an ongoing criminal matter.

“This is tampering now. Apart from bribing a Police Officer, apart from perverting the course of justice, because there is a trial in which this thing is going to be evidence, you now have another new set of circumstances surrounding tampering of the evidence,” Nandlall said on his Tuesday night programme, “Issues In The News”.

The AG was responding to the arrest of a 20-year-old Police constable, who was detained after allegedly admitting to downloading surveillance footage connected to the October 12 shooting incident outside the residence of Senior Superintendent Prem Narine in Kitty, Georgetown.

According to the Guyana Police Force (GPF), the constable, who is stationed at the Force’s Command Centre, allegedly downloaded the footage while on duty on October 23 and saved it to a flash drive. Police said he subsequently told investigators that the footage was handed over to Mohamed in exchange for $800,000.

The constable allegedly told Police that Mohamed arranged for an employee to transport him to his Houston, East Bank, Demerara residence on Saturday, where the Opposition Leader allegedly paid him the money in cash and collected the flash drive. The constable reportedly said he spent part of the money and gave the remainder to his mother.

Nandlall argued that the footage, because it is potentially part of the evidence in the criminal proceedings, should be obtained through the court rather than directly from the Police.

He said the legal system provides mechanisms for accused persons to access evidence through disclosure procedures. “The law provides for that. Through the very court system, there is something called disclosures”, Nandlall said.

The AG also criticised Mohamed’s public calls for the release of the surveillance footage, arguing that releasing evidence outside the legal process could compromise an ongoing case.

The shooting incident occurred outside Narine’s Barr Street, Kitty’s residence. Narine is a witness in the extradition proceedings involving Mohamed and his father, Nazar Mohamed.

Mohamed, his driver Eugene Thorne, 35, and videographer Mario Mohamed, 21, were previously charged with unlawful possession of a firearm, unlawful possession of ammunition and attempting to obstruct the course of justice. They have pleaded not guilty and were each granted $750,000 bail.

As part of their bail conditions, the three men were ordered not to contact, threaten, intimidate or attempt to influence prosecution witnesses. They were also prohibited from going to Narine’s residence or contacting him or his immediate family.
Nandlall said the latest allegations were particularly concerning because the footage is connected to a case already before the court.
“This is tampering now,” he reiterated, arguing that any attempt to obtain or alter evidence outside the established legal process could interfere with the administration of justice.

The AG also rejected claims that the release of the footage could be demanded under freedom of information laws, arguing that material being held as evidence in criminal proceedings is subject to legal restrictions.

Nandlall further criticised Mohamed over statements concerning the extradition proceedings against him and his father, maintaining that the request for their extradition originated with the United States Government.

The United States is seeking the extradition of the two men to face allegations including wire and mail fraud, money laundering, conspiracy and customs violations linked to an alleged US$50 million gold-export and tax-evasion scheme. The US indictment also contains allegations relating to the importation of a Lamborghini from Miami.

The extradition proceedings remain separate from the criminal charges arising from the shooting incident.

Nandlall said the latest developments should be viewed beyond the political dispute between the Government and Opposition, arguing that conduct which interferes with witnesses or evidence threatens the wider criminal justice system.