DEREK ACHONG
Senior Reporter
Lawyers representing businessman Dominic Hadeed and his wife, Genevieve, are questioning whether they were being investigated under Emergency Powers Regulations for the ongoing State of Emergency (SoE) before being issued with Preventative Detention Orders (PDOs) on Saturday.
The issue arose as a habeas corpus writ challenging the protracted detention came up for a virtual hearing before Justice Frank Seepersad a short while ago.
Presenting submissions, Senior Counsel Douglas Mendes, who is leading the couple’s legal team, claimed that his clients believed they were being subjected to a typical or “run-of-the-mill” police probe and were not properly informed that their extended detention was under the regulations before the PDOs were issued.
He admitted that they were initially held for 48 hours under the regulations but claimed they were not subjected to extended detention for seven days after the initial period ended and before the PDOs were issued.
While he accepted that the T&T Police Service (TTPS) provided station diary extracts purportedly indicating that the couple were properly notified of the basis of their periods of detention since their arrest last week, he requested time to physically inspect the official records before deciding on their next course of action.
“We are concerned that an ordinary investigation has now been transformed into something under the regulations so they can be detained longer than they normally could,” Mendes said.
“We are concerned that the Emergency Powers Regulations are not being used in good faith,” he added.
At the start of the hearing, Justice Seepersad questioned whether the case had become academic based on the issuance of the PDOs.
“It seems to be academic matters that touch and concern constitutional issues not before me at this time,” Justice Seepersad said.
“I want to ensure that we do not utilise any more of the court’s time than is absolutely necessary,” he added.
Despite his reservations, Justice Seepersad granted an adjournment until 10 am tomorrow to give the couple’s legal team an opportunity to inspect the records referenced by the TTPS.
The Hadeeds and a 69-year-old relative, Star Sabga, were detained last week as police officers executed search warrants at their homes and offices.
The warrants indicated that they were being investigated for conspiracy to commit murder.
The PDOs, signed by Homeland Security Minister Roger Alexander, stated that they were being detained over an alleged plot to murder Government officials and MPs.
The probe allegedly stemmed from intelligence gathered by an unnamed national security entity.
