bavita.gopaulchan@guardian.co.tt
The search conducted by police of Adrian Scoon’s Maraval home on Wednesday is being described as an abuse of power.
This is the view of Scoon’s attorney-at-law, Kiel Tacklalsingh, when contacted by Guardian Media for comment.
Scoon and his company, Ocean Sweetness Limited, is at the centre of a police investigation to determine whether his ‘Seaside Brunch’ event held on board the MV Ocean Pelican vessel on Boxing Day last year, breached the Public Health Regulations including operating a party boat and gathering in a public place.
“Our position is that the search warrant yesterday was totally disproportionate, it was completely unnecessary and it was an abuse of power,” according to Tacklalsingh.
Police executed the search warrant looking for evidence including the special license of the Ocean Pelican restaurant and other company records and documents. Tacklalsingh said Scoon was detained for almost three hours.
“There is no need to execute a search warrant on a citizen to obtain a document that is in the possession of the state. We agreed with the Comptroller of Customs to return the original license and we would keep a copy of the license because the matter is heading to court,” Tacklalsingh said.
The special license was returned to the Comptroller of Customs on December 31, 2021, six days after police swooped down on the event and temporarily detained 100 people in attendance.
“We will have the court determine whether the license is valid and that is a matter of public record so why will the police go and swear to an affidavit, get a search warrant, intrude on my client’s premises, detain him in order to obtain a document which they could have either requested from us and we would have provided it or gone to the Comptroller and ask for the license,” Tacklalsingh stated.
A special license is required to sell alcohol on a vessel and is issued pursuant to Section 45 (C) Chapter 84:10 of the Liquor License Act, once approval is granted by the Minister of Finance.
Last Friday, Minister Colm Imbert confirmed that he had not authorized any special licenses for the MV Ocean Pelican and/or Adrian Scoon. In fact, Imbert said he queried the permissibility of Scoon’s request on November 5, 2021, in the context of the current COVID-19 Public Health Regulations. However, the Minister indicated that despite clear written instructions to the contrary on December 3, 2021, the Customs and Excise Division issued the license without his approval. An investigation continues into the “unauthorized issuance of the license”.
Guardian Media reached out to Acting Comptroller of Customs, Vidyah Marcial. However, Marcial was unable to respond to our questions unless she was given approval by Mrs Suzette Taylor-Lee Chee, Permanent Secretary of the Ministry of Finance for the interview. Up to press time, no approval had been granted.
Acting Police Commissioner, McDonald Jacob, has since confirmed that several customs officials have been interviewed as part of the police’s probe. He expects that the case would come to a close by the end of the week.
Tacklalsingh stated that a letter will be sent to Acting Police Commissioner today seeking answers as to why such “harsh action” was taken against his client.