Latest update April 4th, 2025 12:14 AM
Dataram saga continues… Final submissions tendered in High Court
Barry Dataram
Embattled businessman Barry Dataram made yet another High Court appearance before Chief Justice Ian Chang and Justice William Ramlal yesterday.
And the final submissions were made by lead attorney for Dataram, Vic Puran. Heading the prosecution is Attorney General Doodnauth Singh.
According to Puran, the power to extradite rests upon the fundamental consideration that the constitution creates. There is no executive prerogative to dispose of the liberty of the individual.
He added that the proceedings must be “authorised by law” and that there is no executive discretion to surrender him to a foreign government, unless that discretion is granted by law. The lawyer added that the submissions which were made by the Attorney General are not in the answer of the rule of the Order Nisi that was made in the matter.
He added that it is the Attorney General’s contention that the application is “premature” and that the offender should wait on the magistrate’s ruling. Puran said that the Minister of Home Affairs already acted in authority to proceed, and the same issue is “whether any court can imply a provision into a treaty”. He added that such an attempt would be seen as interference of the doctrine.
Puran defined a treaty as that which “is in its nature a contract between two nations and not a legislative act”. It does not generally affect of itself the object to be accomplished so far as its operation is “infra territorial”, adding that it is carried into execution by the sovereign power of the respective parties to the instrument.
The lawyer contended that because of the 1931 Treaty that Guyana signed with the United States of America, it is an interpretation of question of fact and not one of binding precedent.
The extradition regime between Guyana and the USA is determined by the fugitive offenders Act 1988, which states “A person shall not be extradited from Guyana under this Act to any…treaty territory, or be committed to, or kept in custody for the purpose of such extradition, unless the provision has being made…in case of a treaty territory, arrangement with that territory relating to the extradition of a fugitive.
Secondly, the treaty states that the “person is extradited by the government of that territory to any other Commonwealth country or foreign territory to be dealt with for any offence committed before his aforesaid extradition under this act, without the consent of the Minister.”
The lawyers contended that the Minister therefore cannot invoke the statutory power to issue the authority to proceed to the magistrate. The Minister of Home Affairs does not have jurisdiction to give the magistrate jurisdiction to commence committal proceedings.
Attorney General Doodnauth Singh noted that a “person who has escaped from the jurisdiction should return to the said jurisdiction”.
He further explained that it is significant that Puran draws attention to the order that was made seeking to squash what the Minister had said on the grounds that it was wrongly done.
The matter was adjourned for December 10.
Dataram was held earlier this year by local police on a provisional warrant of arrest pending extradition proceedings, which were requested by the United States of America.
Reports are that Dataram was indicted in the USA on drug–related charges, and was rearrested at Patentia, West Bank Demerara.
Reports are that Dataram had breached an order by the High Court, which states that Dataram had to report to the police station on Mondays and Fridays as which should be directed by the Commissioner of Police.
But his lawyers are claiming that no such direction was given by the Commissioner of Police, which makes his arrest “null and void”.
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