The Criminal Law Procedure (Paper Committals) Act has outlined provisions to be followed in the event an accused cannot make a court appearance due to illness.
The law states that a magistrate may proceed with a paper committal in the absence of the accused if “the accused cannot be present for reasons of ill health but is represented by an attorney-at-law and has consented to the evidence being tendered in the absence of the accused…”
This was highlighted by Attorney Glenn Hannoman today, following the adjournment of the United States’ extradition proceedings against businessmen Azruddin and Nazar Mohamed, after the elder Mohamed fell ill and was unable to attend.
Attorney Hannoman, prosecutor for the United States, told reporters that the law makes provisions for the proceedings to continue in the absence of the accused.
In fact, Attorney Hannoman said he will request that the court makes the necessary provisions for the elder Mohamed to make virtual appearances if his health challenges persist.
“In July 2024, normal preliminary inquiries were abolished and now all these types of matters have to be done by way of Paper Committal. Under the Paper Committal Act, there is an allowance for the absence of an accused person for the proceedings,” the lawyer highlighted.
“I don’t think that the lawyer for Mr Mohamed may be have been able to get his consent to appear for him today in his absence, but it would be helpful if that lawyer requests that consent in time for the next set of proceedings,” he added.
But defence attorney Siand Dhurjon disagreed with Attorney Hannoman’s statements, adding that “in any event, there is no such consent”.
Dhurjon insisted that if the elder Mohamed feels better, he will attend court at the next sitting.
“But as of now I don’t think the magistrate is willing to entertain too much virtual appearances, because even the counsel for the USA asked to appear virtually on the next occasion, and that was resisted,” he stated.
After the defence lawyers submitted to the court the health condition of the elder Mohamed, Principal Magistrate Judy Latchman rescheduled the matter for Monday, February 16, when a report is expected to be presented.
The proceedings are also expected to continue with the cross-examination of Permanent Secretary in the Ministry of Home Affairs, Sharon Roopchand-Edwards. Additional witnesses are expected to testify.
The Mohameds are wanted by United States authorities to stand trial in a Florida federal court. They face charges including wire fraud, mail fraud and money laundering, allegedly linked to their gold trading operations.
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