Tensions flared at the Court of Appeal on Tuesday as attorneys battled over whether the extradition proceedings against Azruddin and Nazar Mohamed should be paused.
The Mohameds are asking the court to halt the case currently before the Georgetown Magistrate’s Court while their appeal is determined, but prosecutors strongly opposed the request.
Appearing for Home Affairs Minister Oneidge Walrond, Trinidadian Senior Counsel Douglas Mendes argued that the minister was simply carrying out her administrative duty in issuing the authority to proceed.
Meanwhile, Attorney General and Minister of Legal Affairs, Senior Counsel Anil Nandlall, appearing as a second respondent, told the court the application is hopeless and has no chance of success.
“It was hopeless from the beginning, and the stay was rejected. It was rejected because the appeal has no likelihood of success. A stay is granted once you have a strong appeal. If the appeal doesn’t have any merit, then a stay will not be granted. Because [you would be staying] a futile order, because your appeal will fail anyhow. Stays are granted pending the hearing and determination of the appeal,” he said while engaging the media outside the courtroom.
Nandlall also rejected claims that the minister acted with bias, describing the allegation as manufactured and contrived.
“No case of bias can be proved. The case of bias against the Minister is manufactured and contrived. If that case of bias is to apply, then someone can simply enter into the political arena against the government of the day and then invoke that argument of bias. If that is the law, then extradition processes are going to be shut down,” he argued.
The case was heard by Acting Chancellor Roxanne George, along with Justices Rishi Persaud and Nareshwar Harnanan.
The appeal follows a February 4 High Court ruling that dismissed the Mohammeds’ legal challenge to the authority to proceed while the appeal is pending.
The extradition hearing continues before Principal Magistrate Judy Latchman, with the matter set to resume Wednesday.