Latest update March 24th, 2025 7:05 AM
Dataram’s lawyers claim arrest unlawful
Barry Dataram
Defence lawyer for Barry Dataram, Vic Puran, yesterday argued in court, before Magistrate Hazel Octive-Hamilton at the Georgetown Magistrates Court, that his client’s arrest is unlawful.
The lawyer noted that the provisional warrant that was ordered for the accused was null and void.
Barry Dataram, who was held earlier this year by local police on a provisional warrant of arrest pending extradition proceedings by the United States of America, was arrested on Saturday last. Reports are that Dataram was indicted in the USA on drug-related charges, and was rearrested on Sunday morning at Patentia, West Bank Demerara.
Reports are that Dataram had breached an order by the High Court that mandated that Dataram had to report to the police station on Mondays and Fridays, as directed by the Commissioner of Police.
Puran noted that the application is unlawful, and even the “devil” himself is entitled to the protection of the law. He added that Dataram has been in police custody since 10:30pm on Saturday, and therefore has an invaluable right to be heard.
The lawyer stated that even if a provisional warrant is ordered, the court is bound by statue to provide each citizen with fairness. Puran noted that this is a case where the subject is not in a position to be heard, but the accused wishes to be heard.
He said that his client has been the subject of innumerable violations to his rights by the Guyana Police Force and the Chambers of the Director of Public Prosecutions.
He argued that the court cannot receive an unbiased account from those who now seek a provisional warrant. He noted that the prosecution violated an order by Justice Jainarayan Singh, which stated that the accused was not to be rearrested until a valid provisional warrant has been obtained.
He expressed that his client’s arrest was in violation of the court order, because he was arrested without a valid provisional warrant.
The prosecution, led by Sonia Joseph, argued that a person who commits an offence in the US can be arrested without a warrant. She noted that the applied warrant was issued by a presiding magistrate in Guyana. Puran then told the court that the law which the prosecution is talking about happened “once upon time law” in Guyana. He argued that the order touted by the prosecution is null and void.
He said that the order that he has seen states that his “client has to report to the police station as directed by the Police Commissioner Henry Greene.”
He further told the court that the gist of the prosecution is that the police arrested Dataram for breaching a court order.
The lawyer said that no such order is conferred on the Guyana Police Force, and that there is no contempt proceeding. He told the court that the prosecution is conceding that they have lawful custody of Dataram, which is indelibly incorrect.
But Ms. Joseph countered that the accused has committed serious offences in the US and that he should be extradited to face those charges.
Puran told the court that the prosecution had the same matter before other magistrates and they now are appearing before magistrate Hamilton, who said that there is a possibility that another order is before the court.
The lawyers for the accused then moved to the High Court before Justice Roxanne George-Wiltshire, who adjourned the matter to this morning.
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