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Magistrate grants another provisional warrant for Dataram
…lawyers move to High Court
Attorneys for Barry Dataram yesterday moved to the High Courts before Justice Roxanne George-Wiltshire after another provisional warrant was granted in the Magistrates’ Court by Magistrate Hazel Octive-Hamilton earlier in the morning.
The lawyers for the accused are arguing that the provisional warrant is unlawful and that their client’s arrest is unlawful.
Barry Dataram
The move to grant another provisional warrant took the defence lawyers by surprise. They had indicated a move to the High Court for a writ of habeas corpus. The warrant has overtaken the writ.
Dataram’s lead attorney, Vic Puran, had said earlier that the High Court stipulated that Dataram report to a police station on Mondays and Fridays as directed by the Commissioner of Police.
The lawyers are claiming that no such order was directed to the accused.
The police arrested Dataram Saturday night stating that he had breached a High Court order which mandated him to report to the police station.
Puran told the court that every citizen should be protected by the laws of the state. They should also be treated with fairness and given justice, he added.
Yesterday at the High Court before Justice Roxanne George-Wiltshire, the state, represented by Attorney General Doodnauth Singh and his team, told the judge that they are concerned about the defence notification process.
He further stated that the state was served a document at 2:00 pm on Monday stating that the matter was heard by Justice George-Wiltshire.
At this point, Justice George said that no order was before her and sought an explanation from the lead attorney Vic Puran.
He in turn told her that the document that the defence sent was merely to inform the prosecution that the matter would be heard before the presiding judge. He further noted that it was never the intention of the defence to abuse the court process, but only to assist the court.
Puran further explained that earlier in the morning Magistrate Octive-Hamilton had purported the issuance of the provisional warrant.
He posited that the provisional warrant relates to information on the arrest of Dataram, and the Crime Chief Mr. Seelall Persaud “saying certain things” in the witness box. These things that he said could never measure up to the evidence and therefore it is biased to grant such an order.
Puran stated that the courts would have to determine the legality of the proceedings which took place and the state in turn would have to challenge it.
Attorney General Doodnauth Singh then asked for leave so that he can file an affidavit to challenge what Puran stated.
Dataram was arrested earlier by local police on a provisional warrant of arrest pending extraditions proceedings by the United States of America. Reports are that Dataram was indicted in the US for drug-related charges.
Speaking to this newspaper, attorney Glenn Hanoman said that since the Magistrate signed the provisional warrant, the Minister of Home Affairs would now have to sign an order approving the extradition hearing.
The matter has been adjourned to Monday before Justice Roxanne George-Wiltshire.
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