The Guyana government has confirmed that it is meeting the legal expenses of the Jamaican-born lawyer representing the United States in the extradition matter involving billionaire businessman, Nazar Mohamed and his son, Azruddin Mohamed, an opposition legislator.
The government has approved a payment of US$62,558 to Jamaican King’s Counsel Terrence F. Williams, who, along with attorneys Herbert McKenzie and Celine Deidrick, have been retained to represent the Guyana Police Force (GPF) in the extradition matter.
They were retained following advice from Attorney General and Minister of Legal Affairs, Anil Nandlall, who said that the arrangement aligns with international standards.
The United Kingdom-United States (US) Extradition Treaty that Guyana inherited at the time of independence in 1966 requires Guyana to pay the United States-hired prosecutors in the extradition case against the Mohameds.
Article 13 of the United Kingdom- United States Extradition Treaty states that ‘all expenses connected with the extradition shall be borne by the High Contracting Party making the application.
Further, the section of the US State Department’s Foreign Affairs Manual titled ‘the consular role in international extradition’ states that ‘most extradition treaties require the costs of extradition proceedings (other than translation of documents and costs associated with the transfer of the fugitive) to be borne by the requested country’.
Nandlall said Guyana opted to select foreign lawyers, with the US’ approval, in the case of the Mohameds so as to remove perceptions of bias.
‘In this case, because we wanted to insulate the process from the allegation of political interference, lawyers from outside of Guyana were brought in with the approval of the US government,’ Nandlall told the Department of Public Information (DPI).
‘It is an accepted and well-established principle of extradition law that domestic arrangements sometimes have to be adjusted to facilitate extradition,’ Nandlall said, adding ‘yes, the government of Guyana has to pay for that and anybody can challenge me and call around the Caribbean or anywhere else and find out if that is not the usual practice’.
He made it clear that the prosecutors appearing in the matter represent the Government of the United States, not the Guyana government.
‘That fact is not yet appreciated.The Jamaican attorneys who are in court are representing the interests of the U.S. government. This is standard practice.’
The younger Mohamed, who is the leader of opposition, We Invest in Nationhood (WIN) party, has accused the Irfaan Ali government of being behind the moves to have him extradition.
The extradition case stems from a request by the US government for the surrender of the Mohameds, who were indicted by a US Grand Jury in the Southern District of Florida on multiple counts, including wire fraud, mail fraud, and money laundering linked to a gold export operation valued at approximately US$50 million.
While the Attorney General has denied any political motivation, a Facebook page under the heading ‘Team Mohamed,’ posted what it said ‘is the proof’ that the government is trying to fool the country regarding the extradition matter.
It showed a purported copy of an invoice regarding the payment to the foreign lawyers, adding ‘if this matter extends over a five-year period, which is common in cases of this nature, the total legal fees for only the Jamaicans would amount to over $810 Million Guyana dollars’.