Law allows extradition hearings to proceed despite illness – US Prosecutor – US extradition request for Mohameds

…Magistrate adjourns case to Feb 16

The law permits a Magistrate to proceed with extradition proceedings even where an accused person is absent due to illness, once specific legal conditions are satisfied, reporters were told at the Georgetown Magistrates’ Courts on Monday after the extradition committal hearing of United States (US)-indicted businessman Nazar “Shell” Mohamed. This was highlighted by Attorney Glenn Hanoman on Monday, following the adjournment of the US’ extradition proceedings against Azruddin and Nazar Mohamed, after the elder Mohamed fell ill and was unable to attend. 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…” Attorney Hanoman, prosecutor for the US, told reporters that the law makes provisions for the proceedings to continue in the absence of the accused. In fact, Attorney Hanoman 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 [Monday] in his absence, but it would be helpful if that lawyer requests that consent in time for the next set of proceedings,” he added. On Monday, Principal Magistrate Judy Latchman adjourned the matter for one week after the elder Mohamed failed to appear in court, citing medical reasons. The case has been rescheduled for February 16, when a medical report is expected. Mohamed’s Attorney, Siand Dhurjon, told the court that his client was ill and unable to attend the scheduled continuation of the hearing. The extradition proceedings arise from an indictment unsealed in October 2025 by a US federal grand jury in the Southern District of Florida, charging Nazar and his son, Azruddin Mohamed, with a string of federal offences including wire fraud, mail fraud, money laundering, conspiracy, aiding and abetting and customs-related violations tied to alleged financial crimes involving the export and taxation of gold. During Monday’s hearing, Attorney Hanoman acknowledged the court’s sympathy for Mohamed’s condition but emphasised the logistical strain that repeated postponements place on judicial resources. “There is a cost every time this happens. Even the court has to mobilise itself from a different jurisdiction to be here. Prosecutors have to be here,” Hanoman told reporters outside the courthouse. Outside the courtroom, Nazar’s son also indicted by the US, Azruddin, who is also facing the same indictment, spoke briefly with reporters claiming his father has a heart complication, high blood pressure and diabetes. The extradition process in Guyana is governed by the Fugitive Offenders Act, as amended, pursuant to an extradition treaty between Guyana and the US. Under the Criminal Law Procedure (Paper Committals) Act, a Magistrate may proceed with preliminary matters in the absence of the accused if ill health prevents attendance and the defendant has consented through counsel. The Mohameds were first arrested in late October 2025 after the US Government formally requested extradition following the unsealing of an 11-count federal indictment. The charges allege that between 2017 and June 2024, the father-son duo engaged in a scheme to evade taxes and duties on gold exports, using falsified customs declarations and reused export seals on shipments totaling over 10,000 kilograms (kg) of gold, causing an estimated US$50 million in lost revenues. In addition to the federal indictment, the pair were sanctioned in June 2024 by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), which accused them of tax evasion, trade-based money laundering and gold smuggling. The US Government’s extradition request triggered legal filings in Guyana’s courts, where the Mohameds’ lawyers have at times challenged aspects of the process, including the constitutionality of amendments to the Fugitive Offenders Act and the procedures under which extradition hearings are conducted. The extradition case has unfolded amid tension between legal and political narratives in Guyana. In January 2026, Azruddin, leader of the We Invest in Nationhood (WIN) political party, was appointed Leader of the Opposition in the National Assembly even as the extradition committal hearings continued. Prosecutors in the US allege both father and son conspired to defraud the Governments of Guyana and the US through complex gold export and financial schemes; if convicted, the charges each carry potential decades-long prison sentences and significant fines.