Child whisked away to Canada

May 31, 2012 News

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Original documents still not produced to Judge

 

Woman Constable Cadogan, an Immigration Officer who is stationed at Moleson Creek, yesterday told Justice Brassington Reynolds that the grandparents of two-year-old Ethan Jaichand Latchman had produced original authorization by the father who lives in Canada along with a birth certificate and Emergency Travel documents from the Canadian embassy, thus the child was allowed to leave the country.
Last week Justice Reynolds ordered for the original ED-Card (Departure Record) and Emergency Travel Document issued by the Canadian High Commission for the two-year-old,  a Canadian citizen, whose Guyanese mother had been deported from Canada for illegal entry to be presented.
The witness Cadogan was asked if she checked to see whether there was an alert against the child leaving the jurisdiction. According to the witness there were no alerts in the computer regarding the child.
The court heard, yesterday, that the original (ED Card), which was requested by the judge was forwarded to the Central Immigration Office at Camp Street, Georgetown. However checks there failed to find the records.
The court was then told that the Central Office had sent it to the Criminal Investigation Department after a request was made. However CID has also denied having the document, so the court still has not seen the original document.
Attorney at law Joan-Ann Edghill who represented the Child Protection Agency, indicated to the court that they had written to the Ministry of Home Affairs so that they could approach the Canadian Embassy to get certain information.
Justice Reynolds ordered that Edghill produce all her documentation regarding the matter within ten days. Senior Counsel Bernard De Santos was also given ten days to file his affidavit of reply to the court.
The child’s mother Anita Persaud had brought the child to Guyana on March 30, last, but died two days later at the Georgetown Hospital. Following her demise, the woman’s sisters had custody of little Ethan, but custody was challenged by a relative of the child’s Guyanese father now living in Canada.
The child’s father had allegedly also gone to Canada by the backtrack route with the child’s mother, who was his girlfriend. Denowattie Sookdeo, Anita Persaud’s sister, alleges that she was entrusted by Persaud with the temporary care of the infant, custody and control, along with her other sister, Taramattie Ruiwen.
An application of Writ of Habeas Corpus ad subjiciendum, filed by the dead woman’s family had its genesis in an allegation of larceny of a child made to the police by the paternal grandparents, Harry Narine Arjun and Savitrie Arjun, of the infant.
According to reports, the two had in their possession a notarized authorization from the infant’s father, Jaichand Latchman. The two had travelled to Guyana to take custody of the child who is a Canadian Citizen.
Upon their arrival in Guyana, the Arjuns made several efforts to locate the infant, but these attempts were unsuccessful. The grandparents then reported the matter to the police and enlisted the assistance of the Canadian Embassy in Guyana, since the infant is a Canadian citizen by birth and his whereabouts are unknown.
A written request was then made to the Commissioner of Police (ag) Mr Leroy Brumell, by Ms Angelica Alvarez Councilor of the High Commission of Canada on April 23, 2012.
Pursuant to investigations conducted by members of the Guyana Police Force, Taramattie Ruiwen was arrested and taken to the Den Amstel Police Station where she was placed in custody. Subsequent to her release, Ruiwen took the said infant to the Leonora Police Station where she met with his grandparents and had the opportunity to read and examine the notarized authorization from the father.
According to reports, Ruiwen voluntarily handed over the infant to Savitrie Arjun in the presence of Assistant Superintendent of Police Terrance Paul. It was noted that the child was never taken at any time by any member of the Guyana Police Force.
Following the release of the child, the dead woman sister’s then retained the services of Senior Counsel Bernard De Santos who moved to the High Court on April 24, 2012, for the issue of a Writ of Habeas Corpus as subjiciendum directed to the Commissioner of Police ASP Paul and the child’s grandfather.
The order was granted by Justice Reynolds, directing the Commissioner of Police and ASP Paul to produce the infant, Ethan Jaichand Lachman, immediately. The order which was served on the commissioner and the ASP was forwarded to the DPP.
ASP Paul, who was present in Chambers at that time, confirmed that the police never had custody of the child and explained their involvement in the matter. State Counsel then made an application for the Order Nisi issued against the Commissioner of Police and ASP Paul to be discharged and/or struck out.  However Justice Reynolds did not accede to this application.
On April 27, 2012, an Affidavit in Answer was filed and served by State Counsel Judith Gildharie-Mursalin, in which it was specifically stated that the child was not in the custody of the Commissioner of Police and ASP Paul, and an application was made for the Order Nisi issued against the Commissioner of Police and ASP Paul to be dismissed as it is bad in law, misconceived, vexatious and an abuse of the process of the Court.
On May 7, 2012, an Affidavit in Rejoinder was filed and served to reinforce the point that the infant was not in the custody of the Commissioner of Police and ASP Paul and therefore, the Commissioner of Police and ASP Paul were not proper Respondents to the application.
On the same day, immigration records, including emergency travel documents issued in favour of the said infant by the Canadian High Commission in Guyana, were laid over to Justice Reynolds, evidencing the departure of the said infant, via the Kanawaima Ferry Stelling at Moleson Creek, Corentyne, from the Court’s jurisdiction.

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