Ashmead Choate – The Radical Enigma

ARRESTED FOR ALLEGEDLY PLOTTING TO KILL PM OF TRINIDAD

Suspicion is not evidence. Detainees maybe released today

Monday 5th Dec, 2011: The Trinidad Guardian  reports today that the Attorney General Anand Ramlogan says  the law must take its course and if there is no evidence against the 16 detainees, then they must be set free. Saying that the law must be respected at all times, Ramlogan added: “The rule of law must be respected at any and all costs and Government is committed to the rule of law. “If there is insufficient evidence to justify the laying of charges, then the detainees must be set free in accordance to law,” he said in an interview yesterday. The Attorney General also made it clear that the laying of charges was a matter for the police in consultation with the Director of Public Prosecutions (DPP).

Asked what charges, if any, were expected to be laid on the detainees, Ramlogan said he was not advised whether or not charges would be laid. “But I am not surprised because this is not a matter that involves the executive arm of the State,” he said. “It is a matter exclusively for the police and for the DPP who would advise if and when consulted.” Up to late yesterday afternoon, the State did not approach DPP Roger Gaspard to seek advice whether or not charges should be laid against 16 detainees. Contacted yesterday, Gaspard said he was in office up until 7 pm and had no consultation with any one. “Nobody has sought my advice in relation to bringing any criminal charges,” he said.

“I’m in my office doing my normal work and I have not been consulted on this matter…No one has opted to have an audience with me,” Gaspard said. But a senior lawyer, who asked not to be identified, said given the nature of the allegations, it would have been “obviously appropriate” for the police to maintain a close connection with the office of the DPP and to seek advice regarding what nature of charges could be laid. The attorney said investigators, depending on what charges they were pursuing, were not duty-bound to consult the DPP and could go ahead and lay the charges. On the other hand, however, the DPP must give the directive to lay certain charges which would include perjury, sedition and charges relating under the Prevention of Corruption Act,” the attorney explained.

“These charges can only be sanctioned by the DPP,” the lawyer added. Gaspard, however, reiterated that in the case of special prosecutors, his office was the sole authority to prosecute criminal matters. He said in the event that a special prosecutor had to be appointed outside the office of the DPP any matter, he (the DPP) was the sole person to grant a fiat to that particular attorney or attorneys to prosecute. Attorney representing Khalil Karamath, Senior Counsel Pamela Elder, in an interview yesterday, said the State had found itself in a difficult position. She said the State went ahead and served orders which indicated that the 16 were dangerous people who were likely to endanger the lives of the public.

“So if these are indeed dangerous people, how would the public be protected on the expiration of the state of emergency?” Elder said. She added that after detention orders were initially served on the 16, they were then served with particulars which were subsequently served on Friday. Detention orders were slapped on the 16 men for allegedly being involved in a plot to assassinate Prime Minister Kamla Persad-Bissessar and three senior Government ministers. Others were identified as allegedly being behind a plot to destabilise Trinidad and Tobago and cause major panic. The orders were made by the National Security Minister Brigadier John Sandy, in accordance with paragraph two of the second schedule to the Emergency Powers Regulations, 2011.

Those detained

• Selwyn Alexis, also known as “Robocop”, a businessman of Francois Street, Enterprise, Chaguanas.
• Yohann Cruickshank, also called “Wally”, of Mayers Lane, Chrissie Terrace, Longdenville, Chaguanas.
• David Millard, also known as “Buffy”, of 64, La Baja Road, Maracas, St Joseph.
• Andy Brown, also called “Sudan”, of Green and King Streets, Plymouth, Tobago.
• Police Sergeant Earl Elie, of Sampson Trace, off Cunupia Road, Cunupia. He was last assigned to the St Clair Police Station.
• William Taylor, also known as “Billy”, of Cumuto Main Road, Wallerfield, Cumuto.
• Bryan Barrington, also called “Soldier Barry”, of 20, Partap Trace, South Oropouche. Barrington is a former member of the Defence Force and was dishonourably discharged from the service.
• Khalil Karamath. of 30, Palm Road, Valsayn North, Valsayn. Karamath is the son of late contractor Hafeez Karamath.
• Shane Crawford, also called “Asadullah”, of 349 Dass Branch Trace, Enterprise.
• Milton Algernon, also called Fareed Mustapha, of 34 Hibiscus Arc Road, Rio Claro. Algernon is a member of the T&T Sheep and Goat Farmers’ Association.
• Chionesu Luqman, also called Asim Cuffie, and also called Salim Luqman, of Mon Repos, Upper Malick, Morvant, and of Thomas Trace, East Dry River, Port-of-Spain, and of St Margaret’s Lane, Belmont.
• Ashmeed Choate, of Craignish Road, Princes Town.
• Ashmeed Mohammed, of 21 Claude Street, La Romaine. Other addresses included Lightpole 64, Charles Street, La Romaine, and 353 Southern Main Road, La Romaine.
• Jason Brown, also called “Abdool Kareem”, of 10 William Trace, El Socorro Road, San Juan.
• Zaid Abdul Hamid, of corner Richard Lane and Aping Streets, Longdenville.
• Dominic Pitilal, also called “Jamal”, of 196 Western Main Road, Cocorite.

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