By FRANCIS JOSEPH
Businessman Dominic Hadeed and his wife Genevieve will get an expedited hearing of their constitutional challenge to their arrest and detention.
Finally some good news for the couple who have so bad been on the losing end of court battles with the State.
On Thursday, the Court of Appeal agreed that their challenge should be heard expeditiously and sent the matter back to the High Court on Friday.
The Hadeeds claimed they are being targeted by the State based on their ethnicity and their legal challenge over a move to terminate their leases for State land in Trincity.
On July 8, Justice Vigel Paul refused to expedite their case following their arrest on June 24 over an alleged plot to kill Government officials.
When the appeal came up for hearing before the Court of Appeal Judges Eleanor Donaldson-Honeywell and Joan Charles, on Thursday morning, Gerald Ramdeen, who is representing the State, did not object to the appeal being heard urgently.
Ramdeen said that while his clients were initially opposed to the case being treated as urgent, they were now willing to facilitate such based on fresh medical evidence over Hadeed’s deteriorating health and the couple’s failed bids to secure their interim release.
Justice Donaldson-Honeywell said, “We agree the need for expedition and not for time to be wasted before the Court of Appeal.”
Faris Al-Rawi SC, who is representing the Hadeeds, stated that while Dominic was medically examined by his specialist doctors while under detention over the past month, he still has not received necessary treatment and physiotherapy to address several medical conditions he suffers with.
He added, “His condition continues to significantly deteriorate and can impact his mobility and overall health.”
Justice Donaldson-Honeywell told the court that the Court of Appeal led by Chief Justice Ronnie Boodoosingh, had ordered the State to facilitate medical treatment for Hadeed when they granted a stay of an order issued by three other judges directing that they be placed on house arrest, last Friday.
The Court of Appeal said that Justice Paul would have to decide whether he would continue to preside over the case or would transfer it to another judge, who has been assigned to work through the court’s annual vacation period.
The case is scheduled to come up for hearing on Friday before Justice Paul.
The Hadeeds were arrested at their home at 23 Pine Avenue, Bayshore on June 24. Three days later, they were served with Preventive Detention Orders (PDOs) signed by Minister of Homeland Security, Roger Alexander.
On June 30, Justice Frank Seepersad ruled against the Hadeeds being released from prison. On July 14, Justices Peter Rajkumar, Mira Dean-Armorer, and Joan Charles found that Justice Seepersad was wrong.
The State obtained a stay of the judgment pending a final appeal to the Judicial Committee of the Privy Council from another Appeal Court panel, comprising Chief Justice Ronnie Boodoosingh, Justice Mark Mohammed and Justice Ricky Rahim.
The Hadeeds are also being represented by Douglas Mendes, SC, Gilbert Peterson, SC, Rishi Dass, SC, Chase Pegus, and Carlon Mc Leod.
The State is also being represented by British King’s Counsel Sir James Eadie, and Dayadai Harripaul.
