By FRANCIS JOSEPH
One day after they filed an appeal, businessman Dominic Hadeed and his wife, Genevieve, lost their bid for an expedited hearing of their constitutional motion.
On Wednesday, Justice Vigel Paul dismissed an application, which was largely based on claims that Dominic’s health was deteriorating while he and his wife remain detained at the Golden Grove State Prison in Arouca over an alleged plot to assassinate Government officials.
Douglas Mendes SC, lead attorney for the Hadeeds, argued that the matter required urgent hearing because of Dominic’s medical condition. However, Justice Paul agreed with the objections from the State’s attorney, Gerald Ramdeen, over evidence provided by Dominic’s doctor, Jacqueline Pereira-Sabga.
Justice Paul said the lawyers failed to apply for Dr Pereira-Sabga to be recognized as an expert witness who could provide evidence on Dominic’s medical condition, treatment requirements, and the impact of his continued detention.
He said, “Nothing prevented them from making a composite application. Such would have placed both matters before the court and avoid delay.”
Justice Paul also considered that Justice Frank Seepersad had on June 30, refused to order the couple’s release while their substantive case was being determined. That decision is currently under appeal.
He declared, “It would not be appropriate for this court to form a view over something now before the Court of Appeal.
“There must be a sufficient basis for exceptional treatment. I am not satisfied that the case for urgent directions has been made out.”
No Delay
Mendes accused Ramdeen of attempting to delay the matter until the State of Emergency ends in September, arguing that the delay could prevent the possibility of his clients being released.
Mendes said, “The State is using the rules against my client to keep them in detention. You have to confront it. He is resisting because he is running down the clock.”
But Ramdeen denied any delay tactics, and said he was being blamed for properly representing Police Commissioner Allister Guevarro and the Office of the Attorney General.
Ramdeen added, “Mr Dominic Hadeed finds himself in the position he finds himself in solely because of his lawyers.”
Hadeed, 52, and his wife, 42, were arrested on June 24 at their Westmoorings home by a warrant. Genevieve’s aunt, Star Sabga, 69, was arrested the following day.
The warrants stated that the police were investigating allegations of conspiracy to commit murder. Preventive Detention Orders (PDOs) issued by Minister of Homeland Security, Roger Alexander, on June 27 stated that the three were being detained over an alleged plot to murder Government officials and MPs.
The investigation allegedly stemmed from intelligence gathered by an unidentified national security organisation.
The couple’s judicial review case is listed for July 27.
No date is set for their constitutional motion.
The Hadeeds are also represented by Gilbert Peterson, SC, Rishi Dass, SC, Faris Al-Rawi, SC, Chase Pegus and Carlon Mc Leod.
