Principal Magistrate Judy Latchman dismissed an application from U.S.-indicted businessmen Nazar and Azruddin Mohamed on Wednesday, ruling that the constitutional issues raised had already been resolved by higher courts.
The case was called at 09:30 hours for ruling, and before delivering her decision, the magistrate provided the defense an opportunity to respond to submissions made by the prosecution. She then set 11:00 hours for the ruling.
In a firm and detailed decision, Magistrate Latchman described the application as “frivolous and vexatious,” labeling it an “abuse of the process.” She emphasized that the concerns raised had been judicially determined by superior courts.
“It is the court’s rule that a diplomatic note is not set in stone but a treaty agreement is binding upon the party state and must be performed by them in good faith in accordance with Guyana’s convention law on treaties,” she stated. She further clarified that the matters discussed were not new and had already undergone adjudication, concluding, “This issue was put to rest… extradition is a state-to-state agreement, and the individual plays no part in the contractual arrangement.”
Magistrate Latchman rejected the defense’s reliance on older extradition case law, stating, “This court will not rely on the Dataram authority since that matter was dealt with prior to the Fugitive Offenders Amendment Act 2009.”
After thoroughly reviewing all submissions, she declared, “This court sees no basis to activate the referral article,” ultimately denying the application to engage constitutional referral articles.
The magistrate confirmed that the extradition proceedings would now continue in the Magistrates’ Court. Prosecutor Terrence Williams indicated that the prosecution was ready to proceed, stating, “We are happy to move along with the case… we hope that in January we will be able to conduct the proceeding.”
The court set January 6, 2026 as the date for the start of the extradition hearing, while Nazar and Azruddin Mohamed must continue reporting to the Police as previously ordered.
Following the ruling, defense attorney Roysdale Forde expressed plans to approach the High Court regarding the constitutional issues, stating the court had “improperly exercised its discretion.” He maintained that the defense approached the Magistrates’ Court first to clear any preliminary barriers in the prosecutorial process.
At previous hearings, extensive arguments were made regarding whether constitutional concerns should halt the extradition inquiry. The defense raised questions about waiting for paper committal before raising constitutional challenges and the validity of a diplomatic note from the United States.
The Mohameds remain on $150,000 bail each. The U.S. government, on October 30, 2025, requested their extradition under the treaty between Guyana and the United Kingdom, which is currently in force. The Mohammeds face multiple charges in the United States, including wire fraud, mail fraud, money laundering, conspiracy, aiding and abetting, and customs-related violations connected to an alleged US$50 million gold export and tax evasion scheme.
