By FRANCIS JOSEPH
Businessman Dominic Hadeed, 52, and his wife, Genevieve, 42, will remain in prison!
Justice Frank Seepersad ruled on Tuesday that there will be no freedom for the couple who are challenging their detention under the State of Emergency (SoE) over an alleged plot to assassinate key Government officials.
Justice Seepersad rejected the couple’s application to be released pending the determination of their judicial review lawsuit over Preventive Detention Orders (PDOs) issued against three days after their arrest.
Justice Seepersad found that the couple’s lawyers failed to prove irregularities in the PDOs issued by Minister of Homeland Security, Roger Alexander.
The Judge found that while the Hadeeds claimed they were never informed that they were being held under Emergency Powers Regulations for the SoE, station diary extracts supplied by the Trinidad and Tobago Police Service (TTPS) showed that they were.
Justice Seepersad said, “It is essential to distinguish that even if their arrests and detentions were invalid, such does not impact the decision of the Minister to issue the PDOs.”
On the issue of the prison conditions in which the couple have been kept, the judge said that they could be compensated through damages if they are successful in their legal challenge.
He also rejected claims that Minister Alexander should have given the couple an opportunity to be heard before issuing the PDOs as he suggested that such a requirement would be irregular and impractical in the circumstances of an SoE.
Justice Seepersad added, “While the court appreciates the distress from detention, it does hold the view that there may be greater harm if they are released and the intelligence upon which the police and Minister acted proves to be true.”
Justice Seepersad ordered the Hadeeds to pay the legal costs to the TTPS.
He also agreed to transfer their case to another judge based on him delivering preliminary findings.
The Hadeeds were arrested at their Westmoorings home on June 24 by search warrant. The PDOs were served on them three days later. Another relative, Star Sabga, 69, a businesswoman, was arrested by warrant on June 25.
The warrants for the Hadeeds revealed that the police were investigating an allegation of conspiracy to commit murder. The couple are being kept at the Golden Grove Prison, Arouca.
Representing the couple were Douglas Mendes SC, Gilbert Peterson, SC, Chase Pegus, and Carlon McLeod. Appearing for the TTPS were Ramdath Phillip, and Anya Ramute-Mohan.
