Seven days after being detained in connection with the kidnapping and suspected murder of a Maloney man, an acting police inspector was freed after Justice Devindra Rampersad ruled yesterday that it was unlawful to detain him any longer as no charges had been laid against him.Three Special Reserve Police (SRP) officers who were also detained in connection with the incident remained in police custody up to last night.
The acting inspector of Barataria walked out of the Port-of-Spain High Court around 5 pm, accompanied by his attorneys Larry Williams, Gideon Mc Master and Mansergh Griffith.The senior officer who has 23 years' service was detained on March 15 along with the three SRPs. The four were last assigned to the San Juan Municipal Police Station.
A writ of habeas corpus was filed yesterday on the inspector's behalf. Representing the State was Paul Isaac, who objected to the application on the grounds that a body found around 12.30 pm in Maloney yesterday was believed to be that of the victim.Insp Curt Simon of the Homicide Bureau, Arouca, testified that police strongly suspected the body was that of Johnny Noel, 32, of Building 16, Maloney Gardens.
Simon said information received on March 11 indicated four men had kidnapped Noel who remains missing.Isaac described the discovery of Noel's body as "a dramatic development" which had set certain things in motion.Rejecting this argument, Williams said it was "unreasonable and unjust "for his client's liberty to continue to be restrained, as investigations were still ongoing.
He said the police could release his client, and later re-arrest him if they had evidence linking him to any crime. Questioning the police justification for detaining his client over the last seven days, Williams said no identification parades had been held and it was unfair to keep him detained while forensic tests were being conducted.
Presenting the court with some authorities to consider, Isaac appealed to the judge. "Serious allegations are being made," he said and claimed on this basis the acting inspector's continued detention was necessary.
Simon said based on evidence unearthed thus far, a prima facie case had been out made against the acting inspector. Tasking a 15-minute recess to consider the facts and evidence, Rampersad ruled it was unlawful to continue the detention and ordered that the acting inspector should be freed. The investigation is being led by ACP Wayne Dick and Snr Supt David Abraham.
