Extradition case further adjourned as Nazar remains ill

The extradition proceedings involving Nazar and Azruddin Mohamed were further adjourned on Wednesday after Nazar informed the court that he remains unwell and is still recovering from ongoing medical complications.

Both father and son were present early in the Georgetown Magistrates’ Court, as the matter was called before Magistrate Judy Latchman. No new medical report was presented to the court in support of Nazar’s continued illness.

Attorney Siand Dhurjon, appearing for the Mohameds’, told the court that he was unable to obtain an updated medical report from Nazar’s cardiologist, noting that the doctor is currently on leave.

He explained that Nazar has not fully recovered and asked the court to take into consideration the earlier medical report already submitted.

Dhurjon also took the opportunity to announce the “regrettable passing” of Damian Da Silva’s mother and expressed condolences on behalf of the defence team.

He said the defence was grateful that the February 26 date could be used for the next adjournment and apologised for any inconvenience caused to the court.

When questioned directly by the Magistrate about his condition, Nazar told the court he is still experiencing troubling symptoms.

“I’m really not well… tightness in my chest, breathing [issues], but the cramps are under control, and the pressure is still up…I’m trying,” Nazar said.

The Magistrate asked whether he could return to court for the remainder of the week, but Nazar responded that he did not believe he could.

“I’m not really feeling well,” he added.

The prosecution raised no objections to the defence’s request for an adjournment.

As a result, the matter was adjourned to February 26 at 9:00 hrs.

During the hearing, Prosecutor Terrence Williams signalled that the prosecution intends to move toward invoking paper committal proceedings, particularly if the defendants are unable to appear regularly in court.

However, Attorney Dhurjon said the defence is not prepared to proceed along that route at this stage.

The Magistrate raised concerns about the legal basis for paper committal in the matter, pointing out that paper committals typically apply where an accused person is charged with a criminal offence and where cross-examination is not required.

The Magistrate questioned whether the prosecution’s proposed approach would deny the defence an opportunity to test the evidence.

Williams, however, argued that cross-examination is not necessary to test evidence in such circumstances, insisting that the prosecution believes it is not required.

Attorney Roysdale Forde objected, stating that paper committals must be done through a Preliminary Inquiry (PI) process and while PIs have been abolished for criminal offences, that change cannot automatically apply to matters under the Fugitive Offenders Act.

He argued that the amendment cannot simply be “read into” the Fugitive Offenders Act.

Dhurjon further contended that introducing paper committal at this stage would require the matter to be restarted de novo.

The Magistrate indicated that the prosecution may file written submissions on the issue when the matter resumes on February 26.

Azruddin, the Leader of the Opposition, and his father, Nazar, who has been indicted in the United States on several financial crime charges, are each currently on $150,000 bail pending the conclusion of the matter.

 

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