It comes amid pressure on the government to seek evidence from the US courts and American authorities on the operations of confessed drug trafficker Roger Khan who was recently sentenced to 15 years in jail. Khan’s phantom gang was accused of being involved in dozens of murders here.
Part 1 of the bill proposes that the Attorney-General or a person nominated by him be the central authority for Guyana regarding the application of the law. “The central authority is responsible for transmitting and receiving requests for assistance in criminal matters by or to a Commonwealth country” the Explanatory Memorandum further said. The piece of legislation does not affect any other form of cooperation in criminal matters between Guyana and other countries or agencies.
Part 2 of the bill provides for the local central authority to request a Commonwealth country to assist in “obtaining evidence or information believed to be obtainable in that country;” “locating or identifying a person or thing believed to be in that country;” and “obtaining, including by search and seizure if necessary, a thing believed to be in that country.” Additionally, the Central Authority can assist in “serving a document on any person in that country,” “identifying, locating, or assessing the value of proceeds of a serious offence believed to be in that country,” “enforcing a confiscation, forfeiture, or restraining order in respect of property believed to be in that country,” “obtaining an order restraining dealings with proceeds of a serious offence believed to be in that country” and arranging for a person believed to be in that country or transferring a prisoner to Guyana to give evidence or assistance.”
The bill also protects the confidentiality of a request made by Guyana and it also restricts the use of evidence or things obtained as a result of such a request by the country. The legislation would also make documents sent to the Central Authority of Guyana, as a result of a request, privileged and confidential and it also confers privileges and immunities on a person who is in Guyana as a result of a request.
According to the Explanatory Memorandum, Part 3 of the bill deals with requests made by other Commonwealth countries to Guyana for assistance. The bill is proposing that these countries can request the same types of assistance that Guyana can request under Part 2 of the legislation. The central authority for Guyana must accept and carry out such requests unless it is ruled out by one of the ground rules set out in clause 23 or 24 of the bill.
The local central authority must notify the requesting Central Authority of any refusal and the grounds for this decision. “When the local central authority accepts a request, it must use its best endeavours to carry out the request and must notify the requesting country of the outcome. Consequently, the courts are empowered to: “subpoena a person to obtain evidence requested,” “issue a search warrant to search for and obtain a thing requested,” “register a confiscated order, forfeiture order, or restraining order, in relation to property in Guyana.” The court can also issue a restraining order regarding property in Guyana.
This part of the law also proposes that the local central authority be allowed to temporarily transfer a prisoner requested to the country in order for that person to give evidence or assistance. It also requires that requests made by a Commonwealth country to Guyana be kept confidential.
Part 4 of the bill addresses the application of the bill to countries other than Commonwealth countries. This proposes that the bill be applied to other countries with which Guyana has a treaty on mutual assistance in criminal matters and other countries that are a party to be the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
The tabling of this bill comes just over a month after the National Assembly passed the Fugitive Offenders (Amendment) Bill 2009, which intends to correct a lacuna in the local extradition laws and which controversially included a provision which empowers the Home Affairs Minister to decide whether to extradite or not.
