Senior Magistrate, Alex Moore on July 22, 2021, granted bail in the sum of $3M each to two Brazilian nationals, Andre Luiz Pereira and Salem Nobrega De Alencar for the offence of possession of narcotics for the purpose of trafficking contrary to section 5 (1)(a)(i) of the Narcotic Drugs and Psychotropic Substances (Control) Act, Chapter 10:10, Laws of Guyana.
That decision to grant bail is now being challenged by the Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall.
The AG claims that Magistrate Moore’s decision is more than his jurisdiction and a failure to satisfy conditions or procedures required by law.
Nandlall, in the application seen by this publication, said that Section 94 of the Narcotic Drugs and Psychotropic Substances (Control) Act prohibits the granting of bail, unless there are special reasons and that no such justification in law were given.
Nandlall is advocating for the men to remain in the State’s custody, noting that they are flight risks since they have no ties to Guyana.
“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 in relation to the grant of bail,” the application noted.
De Alencar, 64, and Pereira, 31, were arrested after police found a crashed aircraft, bearing registration PT SRR, at Orealla, Region Six on May 20, 2021, with 1178.95lbs of cocaine onboard.
