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‘Offences not extraditable under treaty’ – Mohameds’ lawyer insists
(Kaieteur News) – Attorney-at-law Siand Dhurjon, one of the lawyers representing sanctioned businessmen Azruddin and Nazar Mohamed, has insisted that the offences listed in the United States (U.S.) indictment are not extraditable under Guyanese law or the treaty between Guyana and the U.S.
The Mohameds are the subject of an extradition request linked to an 11-count indictment filed in the U.S. Southern District Court of Florida. The charges include wire fraud, mail fraud, money laundering, conspiracy, aiding and abetting, and customs-related offences connected to an alleged US$50 million gold export and tax evasion scheme.
Attorney-at-law, Siand Dhurjon
On Friday, they were both arrested and arraigned before Magistrate Judy Latchman at the Georgetown Magistrates’ Court where the extradition proceedings commenced. The Mohameds are represented by a team of attorneys: Dhurjon, Nigel Hughes, Roysdale Forde, Damian DaSilva and Darren Wade.
Speaking to members of the media at the court, Dhurjon explained that several strong arguments were advanced during the hearing, which lasted for close to three hours.
“Well, many arguments were made over class two to three hours. We made forceful arguments, as we had ample time to prepare last month. The offences for which Azruddin and Nazar Mohamed are wanted in the U.S. are not extraditable offences under the laws of our land, nor under the treaty with which we have an arrangement,” he stated.
In a statement on Friday, the Government of Guyana stated that on October 30, 2025; it received a request from the Government of the United States of America to extradite the Mohameds, pursuant to an extradition treaty between Guyana and the United States. Notably, this treaty extends to and remains in force in Guyana under Section 4(1)(a) of the Fugitive Offenders Act, Cap. 10:04, as amended by Act No. 10 of 2024.
However, Dhurjon contended that the offences his clients are wanted for in the U.S. do not qualify for them to be extradited.
The lawyer said that the defence sought a declaration and referral under Article 133 of the Constitution, noting that they have alleged a constitutional breach to the Fugitive Offenders Act. “The Constitution says when we raise such a constitutional point, the magistrate is duty-bound to refer it to the High Court. So, we come back in November on the 10th, I believe to debate that point further,” he said.
According to Dhurjon, the prosecution has not yet presented any documentary evidence against the Mohameds. “They have not provided any documents whatsoever or their evidences yet. We applied for those documents. They ought to bring them at that next stage as well,” he noted.
The attorney said the defence was pleased that Magistrate Latchman granted bail, describing the decision as an affirmation of judicial independence. “We are pleased that our magistrates are fit to award bail to vote independence… we are pleased with the way the proceedings have unfolded, and we are ready to do all things necessary to vindicate our clients,” he said.
Dhurjon also criticized statements made by Special Prosecutor Terrence Williams, who had alleged, “We have information, Your Honor, that the Mohameds have supported local criminal activities, which have disrupted the peace in Guyana. They have funded, for example, the disruptions surrounding the unfortunate death of [Adriana] Younge…”
Responding to the aforementioned, the lawyer said, “Well, that was news to us concerning Adriana Younge, the Mohameds have never been investigated, never been questioned, never been charged with anything such as that. So that’s news to us. And I think that works to their discredit, because for making such allegations and failing to have any information at all to substantiate…” he said.
Moreover, the lawyer stated that they were surprised by the sudden arrests, explaining that the defence had previously written to several authorities expressing willingness to surrender their clients instead of them being arrested. He said letters were written to the Attorney General Anil Nandlall, the Director of Public Prosecutions (DPP) Shalimar Ali-Hack SC, the Minister of Foreign Affairs and International Cooperation, Hugh Todd and the Commissioner of Police Clifton Hicken.
Meanwhile, Senior Counsel Roysdale Forde said the extradition application raises a number of serious constitutional issues “which we articulated today…ranging from the issue of authority to proceed. We believe that it is unconstitutional, we believe that the minister could not have properly exercise her discretion in view of what was written to her and a challenge in relation to Section 11 of the Act passed in 2009 which prohibits a person who is to be extradited from challenging in these courts the legitimacy and lawfulness of the process.
Roysdale Forde, SC
Forde, SC said, “these are a number of significant issues and we are nowhere close to beginning to consider any process of extradition. All these issues will certainly lead to a number of significant challenges all the way to the CCJ [Caribbean Court of Justice]. Let me assure the members of the public that this is a significant issue.
“I believe that it was not lost on the court that on Monday Mr. [Azruddin] Mohamed is to be presumptively elected as the leader of the opposition. It is not lost on the court that at this 12th hour such a proceeding would have been filed. It is clearly in an effort, we believe, to prevent that from happening.”
The attorney maintained that the prosecution provided no evidence to substantiate their allegations. “What we had was a string of unsubstantiated statements which we asked them to produce the basis…was there any affidavit evidence? You can’t make such a serious accusation bordering on treason and come to the court and simply make the statement.”
Forde is not optimistic that evidence of the allegations against the Mohameds would be forthcoming. He noted that the State has the machinery to secure an order against the Mohameds in the High Court but failed to utilize that which it is armed with.
“…they could have gone to the High Court and get an order but they have simply done nothing but come today to raise red herrings to present,” he said noting that it is clear that Friday’s actions will not be “the last of efforts” to ensure that Azruddin Mohamed does not become the Leader of the Opposition.
The Mohameds were arrested on Friday morning by ranks of the Guyana Police Force and later charged in connection with an extradition request from the United States. Both men were granted $150,000 bail each and are scheduled to return to court on November 10.
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