Lawyers representing social activist David Welch have given Police Commissioner Gary Griffith until 6 pm today to reconsider his decision to blank 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 and requested that he reconsider it 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 he 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, as 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, 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 to the Police Administration Building.
Reporter: Derek Achong