…..The Detention of the Hadeeds back in Court
By FRANCIS JOSEPH
Douglas Mendes SC made his first appearance on Monday as leader of the legal team representing businessman Dominic Hadeed and his wife Genevieve.
During a virtual hearing before Justice Frank Seepersad on Monday for an application for a writ of habeas corpus, Mendes told the court, that based on instructions received, the Hadeeds were initially arrested under what he described as the “run-of-the-mill” powers of police to detain, question and charge suspects.
Mendes said there was no indication at that stage that the arrests on June 24 were being made pursuant to the Emergency Powers Regulations or a Preventive Detention Order (PDO).
However, he said that after a habeas corpus application was filed in the High Court on Saturday, the applicants were suddenly detained under a PDO.
The hearing was adjourned to Tuesday at 10 am, giving the Hadeeds’ legal team an opportunity to inspect police station diaries following claims that an ordinary criminal investigation was abruptly transformed into one under the Emergency Powers Regulations.
The Hadeeds were arrested at their Westmoorings home on June 24 and a number of electronic items were seized by the police.
The Hadeeds legal team insists that, at the time of their arrests, the matter was being treated as a routine criminal investigation and not one conducted under the Emergency Powers Regulations.
Mendes said, “This raises serious questions,” adding that what appeared to have started as an ordinary criminal investigation was later transformed into one under emergency legislation. He said the sequence of events pointed to a possible abuse of ordinary investigative powers and was not in good faith.
Mendes told the judge that the applicants had come before the court on the basis that, at the time of filing, their detention was unlawful.
Attorneys for the Commissioner of Police, Allister Guevarro, however, stated that detention orders were in fact issued prior to the formal issuance of the PDO.
Justice Seepersad pointed out to that the matter before him was not a constitutional motion but a habeas corpus application.
The Judge added, “This is not a constitutional motion before the court. But I do accept the court always retains a supervisory jurisdiction so as to determine and to be satisfied that the proper process is invoked.”
Justice Seepersad said he did not want the court’s time utilized beyond what was absolutely necessary, questioning what the impact was of the PDO on the court’s authority as it relates to an issuing of a habeas corpus.
Faris Al-Rawi SC, one of Hadeeds’ lawyers, told the court that his team could inspect the police station diaries and seek further instructions from their clients, adding that affidavits in response would be filed by Tuesday morning.
Star Sabga, a 69-year-old businesswoman and the aunt of Genevieve Hadeed of was also detained last Thursday and remains at the Women’s Prison at Golden Grove. Justice Seepersad noted that the habeas corpus application before the court did not relate to Sabga’s detention.
Also representing the Hadeeds were Gilbert Peterson, SC, Carlon McLeod and Chase Pegus.
Commissioner Guevarro was in court and was represented by attorneys Ramdath Phillip and Anya Ramute-Mohan.
