Judge rules Magistrate was erroneous, irrational by granting bail to Brazilians in massive cocaine bust
A High Court Judge has ruled that Senior Magistrate Alex Moore acted erroneously and irrationally in his July 22, 2021 decision to approve bail for two Brazilian men, who were busted with close to 1,000 pounds of cocaine.
In the judgement handed down on Friday, Justice Sandil Kissoon said the Magistrate’s ruling was “not only irrational but perverse”.
Justice Kissoon held that Magistrate Moore quantified erroneous and irrelevant considerations which had no bearing on the issue and matter before him and held that the decision was in the circumstances without unlawful basis, plainly irrational, untenable and made without jurisdiction as it fell outside the bound of what can be construed as reasonable.
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, Attorney General Anil Nandlall, SC, had asked for the granting of an order of certiorari, quashing the decision of Moore.
He was 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.
The grant and associated refusal of bail have evoked much criticisms and even controversies in the public domain.
On Friday, the Judge delivered a very detailed and well researched oral judgement which he promised to make available in writing to the parties shortly.
The decision by Moore was suspended but by this ruling it has been quashed altogether in the first landmark case of this nature here where the High Court asserted its supervisory role over the Magistracy.
The Brazilian duo had remained in the custody of the State because once released not only were 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.