By FRANCIS JOSEPH
Dominic Hadeed and his wife, Genevieve, will know by Friday if they are to be released from prison pending their constitutional case.
Justices of Appeal Peter Rajkumar, Mira Dean-Armorer, and Joan Charles reserved their decision in the couple’s appeal after hearing submissions at the Hall of Justice, Port of Spain, on Tuesday.
The judges said they would deliver their judgment no later than 8 a.m. on Friday.
Dominic, 52, Genevieve, 42, and her relative, Star Sabga, 69, were detained in June as police officers executed search warrants at their homes.
The warrants indicated that they were being investigated for conspiracy to commit murder based on intelligence gathered. Preventive detention orders (PDOs) were issued three days later by Minister of Homeland Security, Roger Alexander. The PDOs stated that they were being investigated over a plot to assassinate government officials.
In the appeal, the Hadeeds claimed that Justice Frank Seepersad made numerous errors when he refused to order their interim release pending the outcome of their case alleging that they are being targeted by the Government based on their ethnicity and an ongoing legal dispute over the termination of leases for State land.
Hadeeds’ lawyer, Douglas Mendes, SC, claimed that Minister Alexander failed to present sufficient grounds to justify their continued detention, which could be objectively assessed by the court.
In response, King’s Counsel James Eadie stated that Minister Alexander was not required to provide the details which could be prejudicial to national security.
He said Alexander would be responsible if they were released and the plot they are accused of eventually materializes.
Eadie stated that Justice Seepersad’s reasoning for refusing the interim relief was correct. In his ruling, Justice Seepersad said: “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.”
The Hadeeds are also challenging their detentions based on PDOs under the Emergency Powers Regulations (EPR) for the SoE.
The Hadeeds are seeking a series of declarations including over the legality of the SoE extension and their detentions under PDOs. They are also seeking financial compensation.
The Hadeeds are also being represented by Gilbert Peterson, SC, Rishi Dass, SC, Faris Al-Rawi, SC, Chase Pegus, and Carlon McLeod.
The Attorney General’s Office is also being represented by Gerald Ramdeen, and Dayadai Harripaul.
