By FRANCIS JOSEPH
It would seem that businessman Dominic Hadeed and his wife Genevieve will remain in prison for some time.
The State’s appeal to the Judicial Committee of the Privy Council in London, challenging the decision of the local Court of Appeal to order their release from prison, would not be heard anytime soon.
Remember, the State was seeking an urgent hearing from the Privy Council to block the decision of the Court of Appeal which would allow Hadeed and his wife being released from the Golden Grove State Prison, Arouca, to house arrest at the residence at 23 Pine Avenue, Bayshore.
Well, the President of the Privy Council, Lord Reed, and the Deputy President, Lord Sales, are not in favour of any urgent hearing.
In a note to the attorneys on Thursday, the Registrar of the Privy Council said, “Dear All, the President and Deputy President, have considered the papers in this case and directs as follows:
“The Court does not wish to deal with the appeal in a rush in the last few days of the term, and that it appears to us that the immediate issue of the respondents’ (Hadeeds) continued detention could be addressed more conveniently by means of an application by the respondents to lift the stay.
“I trust this is clear. We will proceed to list the appeal in October. You will appreciate that expedited appeals may need to have dates imposed.
Many thanks
Laura Angus
Registrar.
The appeal by the State in the matter of Dominic and Genevieve Hadeed, was listed on Tuesday before the Privy Council.
The case was listed as an “appeal as of right”. However, no date was 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.
