Attorney General and Minister of Legal Affairs Anil Nandlall has moved to the High Court to challenge the July 22, 2021, decision by Senior Magistrate Alex Moore to approve bail for two Brazilian men, who were busted with close to 1,000 pounds of cocaine.
Moore had granted bail in the sum of $3 million each to Salem Nobrega De Alencar, 64, and Andre Luiz Pereira, 31.
The men were charged with illegal entry and trafficking of 453 kilogrammes of cocaine after their plane crash-landed at Orealla, Region Six, on May 20.
But, in an Application to the High Court, seeking a judicial review of the decision, Nandlall has asked for the granting of an order of certiorari, quashing the decision of Moore and a conservatory order staying and/or suspending the decision of Moore.
He is supported in his application to overturn the decision by several investigating ranks who submitted affidavits in support, including the prosecutor in the case, Inspector Orin Joseph.
According to Nandlall, the senior magistrate’s decision is in excess of his jurisdiction and there was a failure to satisfy or observe conditions or procedures required by law.
He contends that Magistrate Moore acted unreasonably, irregularly or improperly in exercising his discretion and there was an abuse of power.
Nandlall said Section 94 of the Narcotic Drugs and Psychotropic Substances (Control) Act prohibits the grant of bail unless there are special reasons for so doing and that no such special reasons in law were proffered.
Nandlall said claims that the one of the Brazilian had contracted COVID-19 and the other was being abused by other inmates cannot be supported.
He wants the duo to remain in the custody of the State because once released not only will they be a flight risk as they have no ties to Guyana, but also upon release they will be perpetually violating several provisions of the Immigration Act.
“I am advised by my Attorneys-at-law and verily believe this matter raises serious issues of law and a matter of grave public importance, that is to say, the whimsical, unlawful, capricious, arbitrary and irrational exercise of the discretion of [Magistrate Moore] in relation to the grant of bail,” the application noted.
The matter is set for continuation before Magistrate Moore on September 23.
if they met bail….they are long gone already……