Withdrawal of Mohameds’ tax charges a legal necessity under Extradition Treaty, not a political move – Nandlall clarifies

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Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, has once again moved to dispel what he described as “misinformation and political distortion” surrounding the ongoing extradition proceedings involving the Mohameds, emphasising that the withdrawal of tax-related charges by the Guyana Revenue Authority (GRA) was a legal requirement—not a political decision.In an interview on Friday with the Department of Public Information (DPI), the Attorney General explained that the adjustment was necessary under Guyana’s extradition treaty obligations.“It is an accepted and well-established principle of extradition law that domestic arrangements sometimes have to be adjusted to facilitate extradition,” Nandlall said. “All countries are required to do it. It is part of our treaty. The charges could not proceed here while an extradition request was active for the same or related offences.”He clarified that the GRA charges were criminal in nature and therefore could not run parallel to extradition proceedings.“These are criminal charges. If a person goes to jail, the taxes are not recovered,” Nandlall noted. “The state has other legal remedies to recover outstanding sums, and that process is already underway. An assessment of approximately $191 billion has been completed, and recovery through civil means is being pursued.”‘Politics being used as a shield’Addressing persistent claims that the extradition process is politically motivated, the Attorney General rejected the suggestion outright.“The two subjects of the extradition request were not politicians when these things happened,” he explained. “The offences charged are not political in any form or fashion. The political narrative came after the sanctions were issued, and one of the subjects entered politics. That was a deliberate choice, and now politics is being used as a shield.”He underscored that the extradition request originated from the United States Government, not from Guyana.“If political reasons are being advanced, they would have to be associated with the United States,” Nandlall asserted. “It has nothing to do with the Government of Guyana.”Prosecutors Representing the United StatesThe Attorney General also clarified a major misconception about the court proceedings, noting that the prosecutors in the case are acting on behalf of the U.S. Government.“That fact is not yet appreciated,” Nandlall said. “The Jamaican attorneys in court are representing the interests of the United States Government. This is standard practice. When Guyana sought the extradition of Marcus Bisram from the U.S., it was the U.S. Attorney’s Office that represented Guyana’s interest there. It’s a reciprocal arrangement.”He added that the arrangement reflects “mutual respect and international cooperation,” with the Government of Guyana ensuring that all procedures comply with domestic law, treaty obligations, and constitutional safeguards.Extradition Process and Constitutional SafeguardsResponding to concerns about constitutional rights, Nandlall stressed that extradition hearings are not criminal trials and therefore operate under a unique legal framework.“Extradition proceedings are not criminal trials. No one is being charged here for an offence in Guyana,” he explained. “The Constitution expressly recognises extradition as a lawful exception under the right to liberty. The process allows a person to be held pending surrender, not because they’ve been convicted, but because the law requires custody before extradition.”He reiterated that the right to a fair trial and presumption of innocence will apply when and if the individuals face trial in the requesting country.“The trial, if it happens, will take place in the requesting country. That’s why this process exists—to determine whether the request meets legal and treaty requirements,” Nandlall said.Reaffirming that the case is being managed in full accordance with international law, he stated, “If this were an ordinary case, it would have gone through the courts quietly. But because of who is involved, there’s heightened attention. Legally, this is a standard process guided by law, treaties, and the principles of fairness and reciprocity.” [Extracted and modified from DPI]The post Withdrawal of Mohameds’ tax charges a legal necessity under Extradition Treaty, not a political move – Nandlall clarifies appeared first on News Room Guyana.