Nazar Mohamed (left) and Azruddin Mohamed
-defence says constitutional questions must be referred to High Court
Magistrate Judy Latchman is expected to rule tomorrow on the extradition request by the US for gold exporters Azruddin Mohamed and Nazar Mohamed amid arguments by their defence counsel that constitutional issues must be settled first by the High Court before any deliberation could occur on the matter.
A marathon four-and-a-half-hour hearing was held yesterday with sharply opposed submissions from the prosecution and defence over constitutional issues arising from recent amendments to the Fugitive Offenders Act.
Lead Prosecutor Terrence Williams KC dismissed the defence’s constitutional challenge as “premature” and legally unfounded, arguing that the amendments do not engage any fundamental rights at this stage of the proceedings. Williams insisted that the Mohameds have no constitutional or inherent right to a specialty arrangement in extradition, despite the defence’s argument that the amendments unlawfully override treaty protections.
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