CCJ Grills AG Nandlall On Bias In Mohameds Appeal of Minister ATP

追加: 2026-05-06

[00:00:29]I think what we are trying to tease out is whether given the very high office that you hold and given your functions that you perform in relation to this matter, you are the chief legal advisor to the government whether on reflection you think that I've forgotten the word used by my brother Eagle Uji whether this was a a proper or or the best way I should say to uh express the government's position. I mean there is a difference between I imagine other means other ministers uh other members of the government making statements and the honorable attorney general who is the chief legal advisor to the government making statements and I I think we we are not you know drawing any conclusion or making any findings but we are just wondering whether the attorney general making those kinds of statements to which the appellants refer is the best practice for the kind of society and democracy that we seek to encourage in Guyana.

[00:01:54]Well, the attorney general did not make any decision here.

[00:01:58]The minister made the decision and the attorney general advice was limited in its compass as is the evidence before the court.

[00:02:09]The minister's and then I I wish to dwell a little on the role of the minister.

[00:02:15]Yes. Your honors the First of all, there was some contention that the minister is not named in the legislation and there is some argument because of that, it can be delegated to any minister.

[00:02:33]Your honors, that issue was addressed by our courts in Subarus a very long time ago and settled that the minister of home affairs performs that function, performed it then performed it since independence and has been performing that function since Mr. Mr. >> think Sorry. Sorry. Sorry, sir. Sorry. I need to return to this.

[00:03:00]The question is not whether the attorney general made any decision.

[00:03:06]The question is the position of the AG in government and in the context of this case.

[00:03:15]You started your submission by saying the attorney general is the legal advisor to the government and in that capacity the AG advises the government and ministers. And here we are talking about a complaint of the applicants that AG was making certain comments on the basis of which they are now claiming that whole process is tainted by bias.

[00:03:44]And the question the concern is whether the attorney general of the country should be making those comments that have been alleged against him in the context of this case casting aspersions um making running a running commentary on an ongoing judicial process, the extradition process suggesting that by innuendo about the failings or not of the magistrate handling the case. Yes, you say that these are comments in the public domain.

[00:04:22]Is there something to be said that it is part of the job of the AG to bring the population back to say, "Look, respect the process. Let the process take its course rather than making comments that might add to that public negative public uh view on the matter. That's what I'm interested in.

[00:04:51]Let me assure you that the attorney general did not make any improper comments.

[00:04:56]The comments that were made were in their proper context. They may have been misreported and used for political purposes but they were not uh improper statements.

[00:05:10]Okay. Let's Let's >> due regard to the administration of justice and the right to form and express opinion.

[00:05:16]We hear you um attorney general. I think we can move on.

[00:05:24]The the the um the applicants were the subject of OFAC sanctions.

[00:05:30]You had the fact that there was a Reuters special report published on the 14th of July 2023 long before their entry into politics that identified them. And this Reuters, this is worldwide identifying the applicants as being investigated by the DEA, the FBI, the Department of Homeland Security and other US agencies on suspicion of smuggling Colombian cocaine and illegally mined Venezuelan gold to the United States, Europe and the Middle East. The report further states that the applicant were also suspected laundering money for drug traffickers and criminals including sanctioned Russian nationals operating in the region.

[00:06:17]So, your honor, the the court have to take into account respectfully that there is a political campaign going to politicians are speaking, they're competing for office.

[00:06:31]Justice Barrow spoke about the appeal applicants themselves admitting him being a fierce critic of the government.

[00:06:41]You have a politician here who is opposing and this is his rubbish.

[00:06:47]This is what he have to speak about. He was speaking about the fact >> I I don't think I don't think anybody disputes the fact >> So, I just say that your honor would understand the context.

[00:07:02]>> honorable attorney general, if I may I do not believe anybody disputes the fact that there are uh indications in the public domain, allegations against the applicant. There's There's no difficult or the applicants. There's no difficulty there at all.