JavaScript is disabled in your web browser or browser is too old to support JavaScript. Today almost all web pages contain JavaScript, a scripting programming language that runs on visitor's web browser. It makes web pages functional for specific purposes and if disabled for some reason, the content or the functionality of the web page can be limited or unavailable.

Thursday, April 3, 2025

Magistrate asks cops why man was charged under SoE

... Says regular law carries stiffer penalty

by

79 days ago
20250114

Se­nior Re­porter

derek.achong@guardian.co.tt

A se­nior mag­is­trate has ques­tioned why the po­lice chose to charge a man from Bel­mont, ac­cused of pos­ses­sion of high-pow­er am­mu­ni­tion, un­der reg­u­la­tions for the on­go­ing State of Emer­gency as op­posed to tra­di­tion­al leg­is­la­tion that car­ries a high­er penal­ty. 

Act­ing Chief Mag­is­trate Bri­an Dabideen made the en­quiry as Afi­ba Guer­ra, a 28-year-old land­scap­er from Up­per St Fran­cois Val­ley Road, Bel­mont, ap­peared be­fore him dur­ing a vir­tu­al hear­ing, yes­ter­day morn­ing. At the start of the hear­ing, Dabideen ques­tioned why Guer­ra was charged un­der Sec­tion 8 of the Emer­gency Pow­ers Reg­u­la­tions 2024 and not un­der Sec­tion 6 of the Firearms Act. Dabideen point­ed out that the max­i­mum prison sen­tence for breach­ing the reg­u­la­tions is five years while the max­i­mum sen­tence un­der the leg­is­la­tion is eight years. 

Po­lice pros­e­cu­tors stat­ed that the po­lice com­plainant in the case act­ed on the ad­vice of the T&T Po­lice Ser­vice (TTPS) Le­gal Unit. “The le­gal ad­vis­ers said that where there is ex­ist­ing leg­is­la­tion which car­ries a high­er penal­ty, to use the reg­u­la­tions which car­ry a low­er penal­ty?” Dabideen fur­ther en­quired. “Yes, I was just fol­low­ing in­struc­tions,” the of­fi­cer re­spond­ed. 

Ad­dress­ing the is­sue, Guer­ra’s lawyer sug­gest­ed that the de­ci­sion was based on the reg­u­la­tions con­tain­ing a pro­vi­sion giv­ing mag­is­trates the pow­er to de­ny bail if they “rea­son­ably ap­pre­hend” that an ac­cused is like­ly to com­mit an­oth­er crim­i­nal of­fence or an­oth­er breach of the reg­u­la­tions if re­leased. 

The reg­u­la­tions al­so pre­vent a High Court Judge from re­view­ing a mag­is­trate’s de­ci­sion to de­ny bail un­der it (the reg­u­la­tions). Stat­ing that his client main­tains his in­no­cence in re­la­tion to the charge and a sep­a­rate but sim­i­lar pend­ing case from five years ago, he said: “This is a con­cert­ed at­tempt by the po­lice to utilise these reg­u­la­tions and a fab­ri­cat­ed case in or­der to pre­vent the ac­cused from ac­cess­ing bail.” 

Guer­ra’s lawyers in­di­cat­ed that he was in the process of draft­ing a ju­di­cial re­view case to chal­lenge the pro­ce­dure used to charge his client. Guer­ra, a fa­ther of two, was ar­rest­ed on Jan­u­ary 9 at Zachari­ah Av­enue, Thick Vil­lage, Siparia, af­ter po­lice of­fi­cers al­leged­ly found eight rounds of 7.62 cal­i­bre am­mu­ni­tion in a house he was at. The cas­ings for the am­mu­ni­tion all bore the mark­ing “VEN 75”. He plead­ed not guilty dur­ing the hear­ing. While Dabideen even­tu­al­ly de­cid­ed to de­ny bail af­ter con­sid­er­ing the reg­u­la­tions and the Bail Act, he said he would re­con­sid­er the po­si­tion when Guer­ra reap­pears in court on Feb­ru­ary 10. 

Dabideen or­dered that the am­mu­ni­tion be tak­en to the Foren­sic Sci­ence Cen­tre in St James for bal­lis­tic test­ing.


Related articles

Sponsored

Weather

PORT OF SPAIN WEATHER

Sponsored