United States-sanctioned businessmen Nazar Mohamed and Azruddin Mohamed have suffered another legal setback after the Court of Appeal dismissed their bid to overturn a ruling tied to extradition proceedings brought against them by the United States.
In a unanimous decision handed down on Tuesday, the appellate court upheld an earlier ruling by acting Chief Justice Navindra Singh and found no basis for the Mohameds’ challenge to the authority to proceed issued by Home Affairs Minister Oneidge Walrond.
Delivering the ruling, acting Chancellor of the Judiciary Roxane George-Wiltshire, SC, said the appeal lacked merit and made clear that the appellants had failed to prove their claim that the minister acted with bias.
According to the court, the authority to proceed, the formal document that clears the way for extradition proceedings to begin, was lawfully issued, and there was no evidence that Walrond had any personal interest in the outcome of the matter.
The Chancellor noted that the interest in the case rests with the United States, which is seeking extradition, rather than with the minister who authorised the proceedings.
The court also backed the position taken by the acting Chief Justice, ruling that he had been correct in dismissing the original application.
In addition to losing the appeal, the Mohameds were ordered to pay $3 million in costs. The court awarded $1.5 million to Minister Walrond and a further $1.5 million to Attorney General Anil Nandlall, SC.
No costs were awarded to Principal Magistrate Judy Latchman, who is also listed as a respondent in the matter.
As it relates to a request by the Mohameds to halt the extradition proceedings before Magistrate Latchman while they pursue a further appeal to the Caribbean Court of Justice, the Chancellor indicated that such a request is a matter for the CCJ to determine.
