Senior Reporter
A businessman from central Trinidad, suspected of operating a brothel and engaging in human trafficking, has been granted permission to pursue a lawsuit over being detained under a Preventive Detention Order (PDO) for the past three months.
Last week, High Court Judge Christopher Sieuchand granted Lloyd Sealey leave to pursue a judicial review case over remaining on the PDO even after a review tribunal recommended his release.
Sealy’s challenge of the PDO was one of five last week, with the high-profile case involving Dominic and Genevieve Hadeed also featuring in the High Court.
According to his court filings, obtained by Guardian Media, Sealey was arrested at The Mansion Nightclub, which he allegedly operates at Marshall Trace, Munroe Road, Cunupia.
His lawyer, Keron Ramkhalwhan, of JurisX Chambers, claimed Sealey was informed that he was being held based on an investigation under the Dangerous Drugs Act and the Trafficking in Persons Act.
His detention was extended under the provisions of the Emergency Powers Regulations (EPR) for the ongoing State of Emergency (SoE) and he was eventually issued with a PDO by Homeland Security Minister Roger Alexander.
The PDO stated that Sealey was identified by confidential intelligence and suspected of operating the nightclub as a base for an organised crime group/gang engaged in human trafficking and the commercial sexual exploitation of foreign nationals.
“Intelligence indicates that the detainee oversees a structured network that engages in violent criminal acts and recruits, harbours, and redistributes victims while laundering illicit proceeds,” the PDO said.
Several weeks later, Sealey applied for a review before the tribunal under the EPR and Alexander provided some additional particulars related to his decision to issue the PDO.
Under the EPR, the tribunal has no power to compel the minister to reverse his decision and can only provide recommendations.
Alexander noted that when officers of the Special Investigation Unit (SIU) executed search warrants at the business and arrested Sealey, 47 female foreign nationals and a quantity of marijuana and cocaine were allegedly found.
“Officers also observed numerous women engaged in activities consistent with commercial sexual exploitation, corroborating the intelligence regarding the nature of the enterprise,” Alexander said.
“The premises comprise multiple buildings, serving distinct operational purposes, including a building used as a brothel, accommodation for trafficked foreign nationals, and additional quarters used for associated activities,” he added.
On May 7, the tribunal indicated that it was of the opinion that there was insufficient cause for the detainee’s detention and that his continued detention was not necessary or expedient in the public interest.
Responding to the recommendations, Alexander explained that he rejected such argument because he was not afforded an opportunity to make submissions before the tribunal.
The minister stated that he concluded Sealey’s release would pose an ongoing risk to public safety and his continued detention was necessary to ensure the operations of the organised crime group allegedly connected to it remain disrupted.
“The report contains no substantive reasoning capable of displacing the minister’s independent satisfaction based on the information and intelligence provided by the T&T Police Service (TTPS),” Alexander argued.
In the lawsuit, Ramkhalwhan claimed that Alexander acted unlawfully in issuing the PDO without any evidence of wrongdoing that could cause Sealey to be charged with criminal offences.
“The decision to issue the PDO was issued in circumstances which suggest all criminal investigations into the intended applicant/applicant were completed,” Ramkhalwhan said.
He also alleged that Alexander did not properly consider the tribunal’s recommendations before rejecting them.
“The applicant submits that the Minister of Homeland Security acted unfairly and in breach of the legitimate expectation of the Applicant by failing to consider the report and recommendations of the Review Tribunal,” he said.
Through the lawsuit, Sealey is seeking a series of declarations and an order quashing the PDO and directing his immediate release.
In granting leave to pursue the claim, Justice Sieuchand gave directions for its filing and service. He will preside over a case management conference on July 31.
Sealey is also being represented by Anwar Hosein.
Five challenges to PDOs in a week
Five people currently detained under PDOs in the ongoing SoE filed action against the State last week.
Businessman Dominic Hadeed and his wife Genevieve Hadeed took their matter to the Appeal Court, after High Court Judge Frank Seepersad’s refusal to order their release from detention over an alleged plot to kill key Government officials. That matter comes up for hearing tomorrow.
Attorneys representing Rajaee Ali and Earl Richards also wrote to Minister of Homeland Security Roger Alexander last week challenging the State’s continued detention of them at Teteron Barracks, Chaguaramas.
In a letter dispatched to Alexander on July 8, the lawyers petitioned Alexander to reconsider the continued necessity and proportionality of the PDOs against the men and their detention at Teteron Barracks.
They also called on the minister to explain the basis upon which the continued detention of the duo remains justified, having regard to their status as unconvicted persons and the constitutional presumption of innocence.
Ali and Richards were remanded in 2015 while awaiting trial in relation to the indictment arising out of the murder of Dana Seetahal, SC. They were transferred to Teteron Barracks after being classified as “dangerous criminals,” despite what their attorneys argued was a lack of statutory support for that position.
