Justice Sandil Kissoon has granted an Interim Order staying and suspending the Order by Senior Magistrate Moore dated July 22, 2021 in which he granted bail to Andre Luiz Pereira and Salem Nobrega DeAlencar in the sum of $3M each, for the offence of possession of 535.8KG for the purpose of trafficking. Affected also by the order is the $50,000 fines that were paid by both men, for the offence of having arrived in Guyana by air, not a port of entry, pending the hearing and determination of Fixed Date Applications.
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.
Attorney General and Minister of Legal Affairs, Anil Nandlall filed those proceedings to have Magistrate Moore’s order suspended, in response to an application filed by Adeline Bernadette Mandokin for and on behalf of Andre Luiz Pereira on the 16th August, 2021, seeking a Writ of Habeas Corpus ad Subjiciendum, a writ for inquiring into the lawfulness of the restraint of a person who is imprisoned or detained in another’s custody.
Justice Sandil Kissoon, who heard the Habeas Corpus Application on the 16th August, 2021, granted an Order Nisi directed to the Commissioner of Police to show cause why it should not be made absolute, that is to say, why Andre Luiz Pereira should not be released from Police custody.
The Habeas Corpus matter was adjourned to today at 11:30 am. It is in response to that application that the AG filed the proceedings.
At today’s hearing, Nigel Hughes and Konyo Sandiford appeared for Andre Luiz Periera while Nandlall appeared in person for the Commissioner of Police. After hearing arguments from both the Attorney General and Hughes, Justice Kissoon upheld the submissions made by the Attorney General that the accused persons should remain in custody until the hearing and determination of the Judicial Review challenge to Magistrate Moore’s grant of bail in the circumstances.
It was emphasised by the AG that the challenge to Magistrate Moore’s order granting bail was unprecedented, it raises matters of public legal importance, and that it is in the public’s interest that the issues raised be fully ventilated and adjudicated upon by a Court of competent jurisdiction. That in those circumstances, justice would be best served if the order of the Magistrate is suspended and that the accused remain in custody until the hearing and determination of the case where the High Court would pronounce upon the legality of Magistrate Moore’s order granting bail.
In the end, Justice Kissoon granted an Interim Order staying and suspending the Order by Senior Magistrate Moore.
The Fixed Date Application which remains pending has not yet been fixed for hearing.
