USA Signals Legal Challenge to Chief Magistrate’s Refusal to Revoke Azruddin Mohamed’s Bail Amid Grave Witness Intimidation Concerns

Counsel representing the United States of America have signalled their intention to mount a legal challenge to the decision of the Chief Magistrate today refusing to revoke the bail granted to Azruddin Mohamed in the ongoing extradition proceedings.

The application for revocation was driven principally by grave concerns arising from a recently instituted charge alleging an attempt to obstruct the course of justice in the extradition proceedings through the intimidation of a prosecution witness, Senior Superintendent of Police Prem Narine.

The allegations concern an incident in which a firearm and matching ammunition were unlawfully possessed and the firearm discharged at approximately midnight outside the private residence of Senior Superintendent Narine, whose testimony in the extradition proceedings is presently part-heard.

The seriousness of this development was brought into particularly sharp focus today when Senior Superintendent Narine openly expressed his fear of the Mohameds before the Court and pleaded for the Court’s protection. His appeal underscores the gravity of the circumstances in which a serving senior police officer, who is a witness in these proceedings, has found himself.

This is not simply a question of the personal safety of one witness. It raises fundamental concerns about the ability of other witnesses, who are yet to testify, to come forward and give their evidence freely and without fear of intimidation, reprisal or other forms of interference. The integrity of the extradition proceedings depends upon witnesses being able to discharge their responsibilities without apprehension that doing so may expose them or their families to danger.

The potential chilling effect of such circumstances upon witnesses yet to testify cannot be ignored. The administration of justice requires that witnesses be protected and that no person, regardless of status or influence, be permitted to undermine the judicial process through intimidation or conduct calculated to interfere with the giving of evidence.

The prosecution’s position is that the commission of further offences while on bail, particularly where the allegations involve witness intimidation and attempts to obstruct ongoing judicial proceedings, engages serious considerations under the Bail Act and other applicable legislation. Such conduct constitutes powerful grounds for refusing or revoking bail.

In addition to the witness-related charge, other serious local charges have recently been instituted against Mohamed, including one relating to the alleged unauthorised removal of CCTV footage from the Police Command Centre.

Following the Chief Magistrate’s refusal to revoke bail, counsel for the United States formally applied for the Court’s recorded reasons for its decision. Those reasons are expected to be provided tomorrow.

Upon receipt and consideration of those reasons, counsel for the United States will pursue the appropriate legal avenues to challenge the decision.

Source: NEW ROOMS SITE