Senior Reporter
Lawyers representing businessman Dominic Hadeed and his wife Genevieve were yesterday given a day to analyse police records related to the duo’s arrests and detention for an alleged murder conspiracy, to determine whether they will proceed with litigation over the issue.
The Hadeeds’ lawyer Douglas Mendes, SC, requested the adjournment as their habeas corpus writs came up for virtual hearing before Justice Frank Seepersad.
At the start of the hearing, which was personally attended by Police Commissioner Allister Guevarro, Justice Seepersad questioned whether their case challenging their detentions became academic after Homeland Security Minister Roger Alexander issued Preventive Detention Orders (PDOs) under Emergency Powers Regulations under the ongoing State of Emergency (SoE) against them on Saturday.
“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.
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 Mendes 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.
Despite his reservations, Justice Seepersad granted an adjournment until 10 am today to give the couple’s legal team an opportunity to inspect the records referenced by the TTPS.
Guardian Media understands that after the hearing, former attorney general Faris Al-Rawi, SC, who is also part of the legal team for the couple, was allowed to view the TTPS’s records at the Special Branch headquarters at Agra Court in St James.
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, which would remain in place while the SoE remains in effect until mid-September, stated that they were being detained over an alleged plot to murder Government officials and MPs.
The probe allegedly stemmed from intelligence gathered by a national security organisation that was not identified in the PDOs.
Hadeed is being detained at the remand section of the Port-of-Spain State Prison, while his wife is being held at the Women’s Prison at the Golden Grove State Prison in Arouca.
The couple is also represented by Gilbert Peterson, SC, Chase Pegus and Carlon McLeod. The TTPS was represented by Ramdath Phillip and Anya Ramute-Mohan.
