GEORGETOWN, Guyana, CMC – Principal Magistrate Judy Latchman Monday issued an arrest warrant for Opposition Leader, Azruddin Mohamed, even as his attorney urged her not to do so.
The magistrate said that Mohammed, who is facing extradition to the United States on fraud and other related charges, was due to attend court at 9.00 am (local time) and that the warrant had been issued at 9.05 am.
“I will guarantee that your client will be here, Counsel, on the next occasion for nine “o”‘ clock sharp,” Latchman told defence lawyer, Roysdale Forde, who had earlier failed in his bid to convince the magistrate that such action should not be taken.
But after hearing from another of the lawyers that Nazar Mohamed, the father of the Opposition Leader, said his client is ill, she adjourned the case to February 18 “for an updated medical certificate”.
But she expressed grave concern about the Opposition being”.
The magistrate noted that Monday was not the first time she had expressed concern about Mohamed’s tardiness to court.
Last weekend, lawyers representing the Mohameds said they are seeking an order from the Court of Appeal suspending the extradition committal proceedings in the magistrate’s court.
The lawyers said that they want the Court of Appeal to suspend the proceedings until a substantive appeal of an earlier High Court ruling decision on the Authority to Proceed (ATP)
The Mohameds have been sanctioned by the US Treasury Department’s Office of Foreign Assets Control (OFAC) for allegedly smuggling more than 10,000 kilograms of gold worth more than US$50 million and, in the process, failing to pay the relevant taxes to the Guyana government.
Last October, a US Federal Grand Jury unsealed an 11-count indictment on the Mohameds for alleged wire fraud, mail fraud, and money laundering. Subsequently, the US requested his extradition to face trial for those alleged crimes. The extradition matter is now before the local courts.
Later on Monday, Forde went before Chief Magistrate Faith McGusty seeking to have the arrest warrant recalled, saying that Mohamed has no history of being absent or late for court appearances.
According to Forde, his client had earlier contacted him, indicating that he was unwell. Upon attempting to travel to court, Mohamed reportedly discovered that his vehicle’s tyres had been slashed. Despite this, he made arrangements to attend and arrived roughly 30 minutes after the warrant had already been issued.
Forde said the date was not set for a substantive hearing but for reporting purposes, specifically to present a medical certificate confirming Mohamed’s father’s illness.
He maintained there was no attempt to frustrate or obstruct the court process.
Forde further told the Chief Magistrate that after learning of the warrant, he made several attempts through the magistrate’s clerk to inform Magistrate Latchman that Mohamed was present and to request that the warrant be withdrawn. However, he said no audience was granted.
He also indicated that Mohamed and his businesses have recently faced incidents, including vehicles being broken into and documents going missing.
State Prosecutor Glenn Hanoman, who appeared virtually, argued that Chief Magistrate McGusty lacked jurisdiction to recall the warrant, contending that the warrant must be addressed by the same magistrate who issued it and that whatever decision Magistrate Latchman made should stand.
He maintained that the matter must return before her and that Mohamed should remain before the court until then.
He also suggested that Mohamed had been disrespectful to the court and said he did not support recalling the warrant.
During the proceedings, Chief Magistrate McGusty made it clear that magistrates are not to act based on feelings.
She stated that courts operate on law and procedure, not emotion, and expressed surprise at the allegation that the issuing magistrate had refused to exercise her authority to see counsel or even discuss the issue after Mohamed arrived.
She noted that she did not wish to be involved in the matter, but since the application was brought before her, she was required to deal with it.
Chief Magistrate McGusty adjourned the matter briefly to allow Hanoman to confirm whether the issuing magistrate had indeed declined to grant an audience or entertain submissions for withdrawal of the warrant.
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