Chief Magistrate Judy Latchman has dismissed the prosecution’s bid to have the bail granted to Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, revoked, finding that unproven allegations and pending charges did not justify their continued detention.
At Monday’s hearing at the Georgetown Magistrates’ Courts, Latchman accepted that she had the power to revoke bail but concluded that the prosecution had not presented sufficient grounds to warrant such a decision.
“I do not find that past conduct without a conviction or pending charges without a conviction is sufficient to warrant a revocation of bail,” she said.
She subsequently ruled: “In these circumstances, bail is maintained for the Mohameds in relation to this matter.”
She said a conviction in another matter could affect a future application to revoke bail. “If they are convicted while this matter is still ongoing, that conviction may very well have some bearing on an application for revocation at that stage.”
The prosecution’s application followed concerns raised by Jamaican King’s Counsel Terrence Williams about developments since the previous hearing, which he said suggested possible interference with witnesses.
Williams asked the court to intervene over those recent developments.
“Since the last day we were here, there have been two incidents which touch our concern,” Williams told the court, describing the prosecution’s concern as “the interference of the witnesses”.
One incident was the October 12 shooting outside the Kitty residence of Senior Superintendent of Police Prem Narine, head of the Special Branch Unit and a main prosecution witness in the extradition proceedings.
The court was told that Narine was at home when a vehicle occupied by Azruddin and two members of his staff was seen nearby. Gunfire was reportedly discharged, prompting Narine to return fire. Police later intercepted the vehicle a short distance away.
Williams said the incident raised concerns about witness intimidation and that Narine feared for his life.
Azruddin was charged jointly with his videographer, Mario Mohamed, and driver, Eugene Thorne, with unlawful possession of a firearm and ammunition, and attempting to obstruct the course of justice. They pleaded not guilty and each received $750,000 bail, with conditions including staying away from Narine and his family.
Williams also raised alleged police corruption, referring to an alleged $800,000 payment by Azruddin to a constable for footage of the shooting from the Guyana Police Force’s Safe Country surveillance system.
The alleged transaction led to a separate criminal case involving Azruddin and Police Constables Ryan Greene and Ashton Chappelle. They are charged with unauthorised transfer of electronic data under Section 9(2)(b) of the Cybercrime Act and were remanded until November 24.
Williams also raised allegations of threats involving Nazar Mohamed and cited what he described as a social media campaign targeting prosecution witnesses. He further told the court that Narine had expressed fears for his life and the safety of his family.
The prosecution initially raised the application in relation to both men but ultimately sought revocation of Azruddin’s bail alone.
Senior Counsel Roysdale Forde, appearing for the father and son, opposed the application, arguing that the prosecution had failed to establish a legal basis for revoking bail.
Forde said, “Your worship, we wish to start off by saying that we oppose the application made by the prosecution in this matter.”
He argued that the Bail Act did not empower the magistrate to revoke bail, distinguishing that step from varying bail conditions.
“Those are conditions of bail and not bail itself,” he submitted.
He said conditions in the separate firearm case barred Azruddin from intimidating or contacting prosecution witnesses, visiting Narine’s home or contacting the officer’s family.
The lawyer maintained that no breach of those conditions had been alleged.
“No breach of these conditions has been alleged and no breach of these conditions have occurred,” he said.
Forde argued that the additional charges remained allegations and could not, on their own, justify revocation.
He said, “Every one of them, your worship, at this stage is nothing more than allegation. Each charge is denied, and under Article 144(2) of the Constitution of Guyana, my clients are presumed innocent in respect of all of them.”
He said the prosecution had to produce evidence to justify depriving a person of liberty.
Chief Magistrate Latchman questioned whether the additional charges suggested a pattern of further offending. Forde said the allegations were unproven, denied Nazar threatened Narine and noted that the prosecution had not appealed the earlier bail decision.
Both Mohameds will remain on bail as the extradition proceedings continue.
Narine is expected to face additional cross-examination by Forde when the extradition hearing resumes on Tuesday, November 3.
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