The extradition proceedings involving the Mohameds are set to resume before the Magistrates’ Court on Thursday, with the Attorney General saying there is now “no ambiguity” over the way forward following the latest rulings by the Court of Appeal and the Caribbean Court of Justice (CCJ).
The Attorney General said the CCJ’s decision has effectively cleared the way for the Magistrates’ Court to continue the committal proceedings, while maintaining the restriction that the magistrate cannot make a final decision until the Mohameds’ appeal is determined by the Court of Appeal.
“That now paves the way unequivocally for the magistrate to resume the hearing,” the Attorney General said.
The development follows an August 26 ruling by the Court of Appeal, which rejected the Mohammeds’ attempt to have the Magistrates’ Court proceedings stayed while their appeal remains pending.
Instead, the Court of Appeal ordered that the extradition proceedings continue, but that the final disposition of the matter by the magistrate be stayed until the appeal is heard and determined. The appeal has been scheduled for October 13.
The Mohammeds subsequently approached the CCJ seeking, among other things, an interim stay of the extradition proceedings while they pursued special leave to appeal the Court of Appeal’s decision.
The CCJ ultimately dismissed those applications, leaving the Court of Appeal’s order intact.
The Attorney General said the distinction is important, as Thursday’s resumption of the proceedings does not mean the magistrate will be able to conclude the matter.
“The magistrate is ordered to proceed but cannot make a final decision until the Court of Appeal hears the appeal,” he said.
The underlying appeal concerns a constitutional challenge brought by the Mohammeds against provisions of the Fugitive Offenders Act. Their constitutional motion was previously dismissed by Justice Navendra Singh, a decision which they subsequently appealed.
According to the Attorney General, the sequence of rulings means the Magistrates’ Court should now proceed with the hearing as directed by the Court of Appeal, with the October 13 appeal remaining the next significant judicial milestone in the matter.
The latest development therefore sets the stage for the extradition proceedings to recommence on September 3, while the substantive legal challenge remains before the Court of Appeal.