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Judge grants interim order suspending bail
Brazilians placed on bail for cocaine charge…
Kaieteur News – Justice, Sandil Kissoon, on Wednesday granted an interim order suspending Senior Magistrate, Alex Moore’s decision to grant bail to two Brazilian men who were charged with cocaine in their possession.
Senior Magistrate, Alex Moore.
Attorney General (AG) and Minister of Legal Affairs, Mohabir Anil Nandlall, S.C.
The Magistrate’s decision was challenged by the Attorney General (AG), Mohabir Anil Nandlall, S.C.
The defendants, Andre Luiz Pereira, 31, and 64-year-old Salem Nobrega De Alencar, made their first court appearance on July 22, 2021, before Magistrate Moore. The men were charged with illegal entry and for trafficking 453kgs of cocaine. Magistrate Moore had placed them on $3M bail each on the cocaine charge and $50,000 bail each for the illegal entry charge.
According to reports, the cocaine was found after the plane the men were travelling in crashed on May 20, 2021, at Orealla, Region Six.
On August 16, 2021, the AG responded to an application filed in the High Court by Adeline Bernadette Mandokin for and on behalf of Pereira. The application filed was seeking a writ of habeas corpus ad subjiciendum.
Justice Kissoon heard the habeas corpus application and granted an Order Nisi which was directed to the Commissioner of Police to ‘show cause’ why Pereira should not be released from police custody. The matter was then adjourned to Wednesday and this led to the AG responding.The AG then filed a proceeding seeking to have Magistrate’s Moore decision to grant bail revoked.
On Tuesday, attorneys-at-law Nigel Hughes and Konyo Sandiford represented Pereira, while the AG appeared on behalf of the Commissioner of Police.
After hearing arguments from both sides, Justice Kissoon upheld the submissions made by the AG that the Brazilian men should remain in custody until the hearing and determination of the Judicial Review challenge to Magistrate Moore’s decision to grant bail in the circumstances.
Justice Kissoon then granted the interim order staying and suspending the order by Magistrate Moore and also ordered that the ‘show cause’ order that was granted on August 16, 2021, in the Habeas Corpus Application, be discharged.
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