……”But no date set for the hearing”
By FRANCIS JOSEPH
The appeal by the State in the matter of Dominic and Genevieve Hadeed, has been listed before the Judicial Committee of the Privy Council in London.
The case was listed on Tuesday as an “appeal as of right”. However, no date has been set for the hearing, although the British judges deemed it as urgent. The law term in the UK closes on July 31.
The State has appealed through the Commissioner of Police, the Minister of Homeland Security, the Attorney General, and PC Eldon Calliste, of the Special Branch.
The State is appealing the decision of the Court of Appeal dated July 14 to release Dominic and Genevieve and have them placed under house arrest at their home at 23 Pine Avenue, Bayshore. The court comprised Justice Peter Rajkumar, Justice Mira Dean-Armorer, and Justice Joan Charles.
Before the Hadeeds could be released from the Golden Grove Prison, Arouca, the State appealed. The Court of Appeal first granted a stay of the release.
On July 17, the Court of Appeal comprising Chief Justice Ronnie Boodoosingh, Justice Mark Mohammed and Justice Ricky Rahim dismissed the Hadeeds’ application to discharge the stay, ruling that the balance of justice favoured keeping the couple in custody until the Privy Council considers the matter.
Delivering the ruling, the court said it was required to weigh the competing consequences of either course of action.
The judges held that if the Hadeeds were released and the allegations of an ongoing conspiracy proved to be true, the potential harm to the public interest would outweigh the prejudice caused by their continued detention for a short period pending the Privy Council hearing.
Following the judgment, Douglas Mendes SC, who represented the Hadeeds, sought assurances from the court that Dominic Hadeed would continue to receive medical treatment while in custody.
Mendes referred to medical evidence placed before the court concerning Hadeed’s deteriorating health and asked whether the State would facilitate access for his doctors.
Attorney Gerald Ramdeen, appearing for the State, confirmed that the necessary arrangements would be made to allow doctors to attend to Hadeed.
Both parties indicated they expect the substantive appeal to be heard by the Judicial Committee of the Privy Council before the end of its current law term, which is July 31.
The Hadeeds were detained by warrant on June 24. Three days later, Preventive Detention Orders signed by Minister of Homeland Security Roger Alexander were served on the couple, alleging they were involved in a conspiracy to assassinate Prime Minister Kamla Persad-Bissessar, Attorney General John Jeremie and other senior Government officials.
They have not been charged with any criminal offence.
