For the first time since the enactment of the Anti Gang Legislation Senior Magistrate Indrani Cedeno will begin hearing evidence against ten men alleged to be members of gangs in the Princes Town district.
Yesterday, Cedeno, presiding over the Princes Town Second Court, set a September 12 date to start the trials against the men, all of whom pleaded not guilty to the offence of being gang members. She set the date after a team of lawyers accused the State of breaching the Anti Gang Legislation. The lawyers claimed the State and police prosecution had breached Section 13, paragraph 3 of the Act 10 of 2011, the Anti Gang Legislation.
The section states, "Where a person is detained under subsection (1), the police officer who made the detention shall, without delay, (a) inform the person of the grounds for his detention; (b) cause to be maintained a custody record relating to the person detained; and (c) record the grounds for detention in the person's custody record." The lawyers contended that the police failed to adhere to the provisions in the legislation and are further denying their clients their rights. "This particular Act deals with the taking away of people's civil liberties. We agree tough legislation is needed but, if you are taking away their civil liberties, do the right thing," Valere contended.
The lawyers called for disclosure of prosecution documents, including a record of their clients' detention.
Police prosecutor Sgt Alex Ferguson assured that disclosure would be made. However, he said a State attorney had to be appointed to prosecute. Cedeno ordered that disclosure of documents be made by 1 pm yesterday and stood down the matters. The accused will reappear on September 20.
