Postby wing » May 23rd, 2024, 5:51 am
Developer gets injunction against cops probing his business
High Court judge Frank Seepersad upheld the injunction.
High Court Judge Avason Quinlan-Williams granted the first order.
A property developer under investigation for alleged human trafficking and allegedly paying his workers below the national minimum wage has obtained an injunction against the police officers probing his business.
Lawyers representing businessman Danny Guerra and DG Homes Limited obtained the emergency injunction while police officers were executing a search warrant at his office on Tuesday.
According to his subsequent court filings, obtained by Guardian Media, Guerra claimed that he was forced to seek emergency relief from High Court Judge Avason Quinlan-Williams after he was interrogated by a senior officer, of the T&T Police Service (TTPS) Special Investigations Unit, who refused to allow his lawyer Gerald Ramdeen to be present.
When the case came up for hearing before Justice Frank Seepersad, yesterday morning, Ramdeen indicated that the officer did not stop the search after being presented with the court order and challenged him to serve it first on Police Commissioner Erla Harewood-Christopher.
He claimed that the search was conducted after documents were voluntarily presented to officials of the Ministry of Labour and they determined that no offence was committed in relation to wage payments.
“There is a video recording of me reading out the order and giving him a copy,” Ramdeen said.
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Responding to the claims, State attorney Stefan Jaikaran claimed that based on his initial instructions, the officer denied Ramdeen’s version of the events.
Jaikaran claimed that Guerra was not barred from consulting with Ramdeen. He also claimed that he was not quizzed about the allegations made against him and his business but rather over the location of documents being sought under a legitimate search warrant.
“There was no interview or interview notes recorded,” he said.
Jaikaran did admit that Guerra did have a right to consult with his lawyer if, in fact, he was being interviewed.
While Justice Seepersad noted that he would have to eventually determine whether the officer ignored the court order by considering the diametrically opposed positions presented, he expressed concerns over the conduct based on the assumption that the claims made by Ramdeen were true.
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“It is absolutely unacceptable that an officer of T&T Police Service (TTPS) in the face of an order by a judge of the Supreme Court has the temerity to ignore it,” Justice Seepersad said.
“Whether you agree with it or not, it is an order of the court that must be complied with,” he added.
Justice Seepersad continued the injunction granted by his colleague including an order that all evidence collected during the search should be delivered to the Supreme Court Registrar yesterday afternoon.
Guardian Media understands that the order was complied with well ahead of the 3 pm deadline.
During the hearing, Justice Seepersad set deadlines for the submission of further evidence and adjourned the case to July 15.
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Guerra and Ramdeen were allegedly at the Cumuto Police Station seeking the release of one of his vehicles that was seized as part of a separate investigation when he was informed that the police were at his Sangre Grande office.
Upon arrival at his office, he reportedly handed over documents related to his payroll.
He claimed that after being cleared by ministry officials, the senior officer identified as Sgt Rajesh Antoine attempted to interview him.
He claimed that the officer accused Ramdeen of attempting to obstruct the investigation before taking him to a secluded office area which was guarded by a heavily armed and masked police officer.
“I am deeply troubled by the fact that I was left deliberately incommunicado during the time that this search was being conducted while the order of Madam Justice Quinlan-Williams was existing and extant,” he said.
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“I am even more disturbed by the fact that I was deliberately deprived of the advice of my Counsel while the officers interviewed me,” he added.
In the lawsuit, Guerra is claiming that his constitutional rights were breached by the officer.
He is seeking a series of declarations against the officer’s conduct as well as compensation.
He was also represented by Dayadai Harripaul. Adana Hosang appeared alongside Jaikaran for the State.
*Meanwhile, white collar crime being perpetrated by the UNC financiers and the UNC friends in the judiciary.
