Latest update February 21st, 2025 12:47 PM
Oct 14, 2008 News
Home Affairs Minister Clement Rohee has said that he is still to receive an extradition warrant for Barry Dataram, who has been accused of exporting cocaine into the United States. Dataram was arrested earlier this year on a provisional warrant of arrest, pending extradition proceedings, which were requested by the United States of America.
However, lawyers successfully challenged the warrant and secured Dataram’s release on an order by Justice Jainarayan Singh.
Dataram was re-arrested two weeks ago at Patentia, West Bank Demerara, for allegedly breaching a court order which stipulated that he reports to the police station on Mondays and Fridays.
This order should have being directed by acting Police Commissioner Henry Greene, but the lawyers for Dataram are claiming that no such direction was given by the acting Commissioner.
Attorneys-at-Law Vic Puran and Glenn Hanoman, who are representing Dataram, sought to challenge the arrest, but they were too late since Magistrate Hazel Octive-Hamilton had issued a provisional warrant which they contend is “null and void” and that their client’s arrest was unlawful.
The provisional warrant was later signed on Tuesday by Magistrate Hazel Octive-Hamilton, despite relentless objections by the defence. The lawyers had initially indicated a move to the High Court for a writ of habeas corpus. The warrant subsequently overtook the writ.
The lawyers further deliberated about the rights of every citizen and the invaluable right to be heard and protected by the state. Puran posited that the “devil himself” is entitled to a hearing, and he asked why Dataram is not given this opportunity.
Lead attorney Vic Puran had stated that even if a provisional warrant is ordered, the courts are bonded by the state to provide each citizen with fairness.
Dataram wants to be heard, according to Puran, and should be given his fundamental right of “speech”, and this is an immeasurable violation to his constitutional rights by the Guyana Police Force. He further mentioned that the courts cannot receive a biased account from those who now seek a provisional warrant.
According to Puran, the prosecution violated a court order which stated that Dataram should not have been arrested until a valid warrant had been obtained. This order was granted by Justice Jainarine Singh.
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