Guyana Opposition leader, policeman jailed on cybercrime charge

GEORGETOWN, Guyana (CMC) – Opposition Leader Azruddin Mohamed and a police officer were remanded to prison on Friday after being charged under the Cybercrime Act in connection with the alleged leak of government surveillance footage. Mohamed and Police Constable Ryan Greene were denied bail when they appeared at the Sparendaam Magistrates’ Court and remanded to prison until November 24. The charge, brought under Section 9(2)(b) of the Cybercrime Act, relates to the alleged unauthorised access to and disclosure of electronic data connected to national security. The case stems from the alleged downloading and disclosure of surveillance footage showing an October 12 incident in which Senior Superintendent Prem Narine, head of the Guyana Police Force’s Special Branch, shot at a vehicle Mohamed was travelling in. The incident occurred after the vehicle was allegedly intercepted near Narine’s residence. Police have said Greene admitted to downloading the footage from the Government’s Safe Country surveillance system. They allege that Mohamed paid the officer GY$800,000 (US$3,828) for the recording, which he played at a news conference this week. Mohamed, his driver and the staff member are also on bail in connection with separate allegations of firearm and ammunition possession and attempting to obstruct the course of justice by discharging a loaded firearm near Narine’s residence. Narine is a key witness in proceedings concerning a United States request for the extradition of Mohamed and his father, Nazar Mohamed. The media were prevented from entering the courtroom to cover the proceedings on Friday. Following the hearing, Mohamed’s attorney, Senior Counsel Roysdale Forde, said there was “absolutely no basis for the refusal of bail” for Mohamed. He said the magistrate had refused bail because Mohamed had previously been granted bail and had been accused of committing other offences. Forde also argued that the prosecution had failed to demonstrate the elements of the cybercrime offence. “Mr Mohamed was charged under Section 9 of the Cyber Crime Act, and a simple reading by a Common Entrance student would understand what are the elements of an offence. It requires for you to obtain something – in this case, data – and requires you to give it to someone. The prosecution’s case has failed to demonstrate the elements of the offence,” he said. Greene’s attorney, Darren Wade, also criticised the decision to deny bail, describing the charge as improper and disputing that the footage constituted information relating to national security. “The charge of itself is nonsensical,” he said. Both attorneys said they would go to the High Court to seek bail for their clients. In a statement, the A Partnership for National Unity (APNU) said it was “deeply concerned” by Mohamed’s remand to prison, noting that the charge he faces relates to a non-violent offence. “The Bail Act requires a court to have reason to believe, on evidence, that a defendant is likely to commit another offence before bail is refused,” APNU said in a statement on Friday. “Pending allegations are not convictions, and the presumption of innocence applies. We believe the basis for the finding deserves close scrutiny, and we trust his High Court application will be heard independently and on the evidence alone.”