DEREK ACHONG
Lawyers representing social activist David Welch have given Police Commissioner Gary Griffith until 6 pm today to reconsider his decision to refuse Welch permission to host a motorcade protest from Debe to Port-of-Spain, tomorrow.
In a pre-action protocol letter sent earlier today and obtained by Guardian Media, Welch's lawyer Rhea Khan challenged Griffith's decision, which was made on Tuesday and received by them at 11 am today. The lawyers are requesting that the top cop reconsider his decision before they file a lawsuit over the issue.
"Having regard to the contents of your correspondence and to the clear and unambiguous provisions of the Summary Offences Act, your refusal is unlawful, ultra vires the Summary Offences Act and specific provisions therein, disproportionate (in that it unfairly restricts our client's constitutional rights) and irrational as the decision is without basis," Khan said.
Khan noted that her client was aware that Griffith had publicly stated that he would not grant permission for motorcades while public health regulations were in place to address the COVID-19 pandemic and crafted his application based on it.
"Our client, thereafter, prepared his application and within same included conditions of the protest to the effect that there would be no congregation of persons physically and further persons would remain in their cars, masked and limited to three persons per vehicle," Khan said. She also noted that the proposed motorcade was scheduled to finish at 6 pm to ensure participants return to their homes before the start of the 9 pm curfew.
Khan noted that the ongoing State of Emergency, which prescribes the curfew, does not preclude a motorcade protest.
"There is no explicit regulation or rule under the State of Emergency Regulations which prevents persons from proceeding along the public roadway in procession, remaining in their vehicles, as a form of protest," she said.
Khan cited a legal precedent in a case from the Hong Kong Supreme Court, which she said dealt with a similar legal provision in that country's laws and states that the right to peaceful protest involves a duty of a government and authorities to enable such peaceful demonstrations.
"We adopt the sentiments of the Honourable Court and commend them to you for your consideration," Khan said.
On Tuesday, David Welch of Hirondelle Street, Morvant, was arrested by police outside the Red House in Port-of-Spain, as he was on his way to deliver the letter seeking permission for the motorcade to the Police Administration Building.
Welch was able to capture footage of his arrest on his phone and posted it live on social media.
He was charged subsequently with resisting arrest and using insulting language, as well as being issued with a ticket for allegedly failing to wear a face mask in public as required under ongoing public health regulations.
Although Welch was charged on Tuesday evening, he reportedly was allowed to access station bail from a Justice of the Peace on Wednesday, after his attorneys threatened to take legal action over his protracted detention before being allowed to face a judicial officer.
Welch, who is being represented by Dinesh Rambally, Kiel Taklalsingh and Stefan Ramkissoon, is expected to appear before a magistrate to answer the charges in early September.