The State has less than 24 hours to lay charges against the 16 men held in connection with the alleged plot to destabilise the country and assassinate Prime Minister Kamla Persad-Bissessar and three Cabinet Ministers before the detention orders expire at midnight. Up to late yesterday, Sunday Guardian learnt that investigators made "no contact" with the Director of Public Prosecutions Roger Gaspard in relation for directions on how to proceed. Contacted on whether investigators had forwarded files to his office, Gaspard said: "No, I have not been contacted." A legal source told Sunday Guardian if the detainees are charged under the criminal law without seeking instructions from the DPP the move may work against the State.
The DPP is the only office holder to determine whether there is any basis for prosecuting criminal charges against individuals. At the stroke of midnight all 16 men, including an ex-US soldier, who are being held after detention orders were served on them would be allowed to walk free if no charges are laid. Minister of National Security Brigadier John Sandy signed the detention orders last week clearing the way for the detainees to be held under the SoE. Some detainees were being held in connection with conspiring to assassinate the Prime Minister, Attorney General Anand Ramlogan, Housing and Environment Minister Dr Roodal Moonilal and Minister of Local Government Chandresh Sharma.
Detention orders served on others stated that they are being held in connection with their alleged involvement in a plot to destabilise the country. The men are being kept under heavy police guard at the Remand Yard Facility of the Golden Grove Prison in Arouca. Yesterday, police confirmed that the son of the Central businessman who was being detained at the Woodbrook Police Station was set free after police failed to connect him to the alleged plot. However, Sunday Guardian understands that the alleged Laventille gang leader remained in police custody up to last night. The SoE went into effect on August 21, and was extended until December 5.
Ramesh: Where is the evidence?
Contacted yesterday, former attorney general Ramesh Lawrence Maharaj said statements and confessions taken from detainees held by the detention orders are not admissible. "Even if they charge these people they would have to be charged under the criminal law and it would seem any prosecution would be an abuse of process because you cannot use a SoE and a detention order to get evidence to prosecute someone under the ordinary criminal law. During a detention period any statement or confession that is allegedly given would not be admissible," the former attorney general said.
Maharaj said based on the outcome of the SoE the Government had no evidence to detain people. "There is no evidence against these people to prosecute but the Government has used the SoE and the detention orders in order to keep them. It is an abuse of process and in the future the time would come when those who are interested in promoting the rule of law and human rights would ask the court and the tribunal to rule that these actions of the State constitute unlawful action and abuse of process."