See full statement from the Attorney General Chambers
This morning we released certain Court documents to the Press. It is assumed that those documents were read. Those proceedings were filed by the Honourable Attorney General, Mr. Mohabir Anil Nandlall SC MP in response to an application filed by Adeline Bernadette Mandokin for and on behalf of Andre Luiz Pereira on the 16th August, 2021, seeking a Writ of Habeas Corpus ad Subjiciendum.
Justice Sandil Kissoon who heard the Habeas Corpus Application on the 16th August, 2021, granted an Order Nisi directed to the Commissioner of Police to show cause why it should not be made absolute, that is to say, why Andre Luiz Pereira should not be released from Police custody.
The Habeas Corpus matter was adjourned to today at 11:30 am. It is in response to that application that the Honourable Attorney General, Mr. Mohabir Anil Nandlall SC MP filed the proceedings which were released to the Press this morning.
At today’s hearing Mr. Nigel Hughes and Ms. Konyo Sandiford appeared for Andre Luiz Periera while the Honourable Attorney General, Mr. Mohabir Anil Nandlall SC MP appeared in person for the Commissioner of Police. After hearing arguments from both the Attorney General and Mr. Hughes, Justice Kissoon upheld the submissions made by the Attorney General that the accused persons should remain in custody until the hearing and determination of the Judicial Review challenge to Magistrate Moore’s grant of bail in the circumstances.
It was emphasised by the Honourable Attorney General that the challenge to Magistrate Moore’s order granting bail was unprecedented, it raises matters of public legal importance and that it is in the public’s interest that the issues raised be fully ventilated and adjudicated upon by a Court of competent jurisdiction. That in those circumstances, justice would be best served if the order of the Magistrate is suspended and that the accused remain in custody until the hearing and determination of the case where the High Court would pronounce upon the legality of Magistrate Moore’s order granting bail.
In the end, Justice Kissoon granted an Interim Order staying and suspending the Order by Senior Magistrate Moore dated the 22nd day of July, 2021, granting bail to Andre Luiz Pereira and Salem Nobrega DeAlencar in the sum of $3,000,000.00 (three million dollars), each, for the offence of possession of five hundred and thirty-five decimal kilograms (535.8 kg) of cocaine for the purpose of trafficking and the sum of $50,000.00 (fifty thousand dollars), each, for the offence of having arrived in Guyana by air, not a port of entry, pending the hearing and determination of Fixed Date Applications.
It was further ordered that the Nisi Order granted on the 16th day of August, 2021, in the aforesaid Habeas Corpus Application, be discharged. The Fixed Date Application which remains pending has not yet been fixed for hearing.
