GANG CHARGES DROPPED Dana Seetahal murder inquiry,
By JADA LOUTOO Saturday, May 28 2016
OUTBURSTS of praise, in Islam, were heard in the Port-of- Spain Eighth Magistrates Court yesterday after 13 persons charged with being gang members, in the Dana Seetahal murder inquiry, were set free. In a ruling against an application by the prosecution, to amend the gang-member charges, Senior Magistrate Indrani Cedeno said it would not be in the interest of justice to do so.
As a result of the magistrate’s decision, the charges of being a ‘gang member’, against 13 of those who were also charged with Seetahal’s murder, were dismissed as the charges were improperly laid as ‘indictable’ by the Director of Public Prosecutions (DPP).
Of the 13, ten are still before the courts for the late senior counsel’s murder, while the lone woman - Stacy Griffith - is also charged with committing an act for the benefit of a gang; all of which are indictable charges, so she was not immediately discharged. She is however out on bail.
Griffith’s husband, former LifeSport coordinator Rajaee Ali, who is also charged with Seetahal’s murder did not benefit from the magistrate’s ruling as he has been charged with being a gang leader. Of the two who were discharged yesterday - Deon Peters and David Ector - only Ector walked out of the Court a free man. He evaded reporters as he left the courthouse.
Cedeno was asked to have the gang-related charges proceed summarily in accordance with Section 5 (1) of the Anti Gang Act of 2011 and have another magistrate take over those proceedings.
It was the prosecution’s contention that the offences are summary matters created by the gang legislation and not on the basis of the information laid.
Cedeno in her ruling, quoted extensively from Seetahal’s book, ‘Commonwealth Caribbean Criminal Practice and Procedure’, which she said provided tremendous assistance in treating with what she (the magistrate) referred to as unparalleled to any other legislation in Trinidad and Tobago. But she minced no words in faulting the prosecution for not adopting proper procedure of withdrawing the gang charges and having same relaid within the six month limitation period for instituting summary charges.
“The Director of Public Prosecution did not seek an amendment,†Cedeno said, adding that the charges were simply not laid in conformity with the legislation.
The senior magistrate also ruled it would not be in the interest of justice to grant the amendment sought by the prosecution, pointing out that the accused persons were denied the right to plead when the ‘being a gang member’ charges were read out to them on July 27, and were remanded into custody for 120 days, in accordance with provisions of the gang legislation. Cedeno pointed out that DPP Roger Gaspard SC, was present in court for the first few occasions when the matter was called but made no attempt to have the charges amended or withdrawn and laid properly.
An amendment to the charges at this late stage, the magistrate held, will change the nature of the offences and while the accused did not previously have the burden to prepare a defence, they will now have to do so. She also noted that any amendment as suggested by the prosecution will see the accused facing lengthier prison terms under summary conviction, leading to procedural unfairness to the persons before the court.
“It is not in the interest of justice to amend,†she said. Senior Magistrate Cedeno also had a suggestion for the legislature: “Amend the Anti Gang Act forthwith!†The senior magistrate then proceeded with the murder inquiry during which six witness statements from two prosecution witnesses, Josanne Rochford and Mark Ngui, both crime scene investigators, were officially tendered into evidence. The two were cross examined briefly by defence attorneys. The matter resumes on June 9, when additional statements are expected to be tendered into evidence.
Of 14 persons originally before the courts, those charged only for being gang members under the Anti-Gang Act were Deon Peters, 35, from Malabar and Calcutta in Carapo; David Ector, 35, of Bon Air Gardens, Arouca and 29 yearold Stacy Griffith, the latter who is also charged for committing an act for the benefit of a gang.
Rajaee Ali and ten others, including two brothers, have been charged with Seetahal’s murder while Ali (Rajaee) has been charged for being a gang leader.
Those charged with murdering Seetahal and with gang offences are Devaughn Cummings; Ishmael Ali (brother of Rajaee Ali); Ricardo Stewart; Earl Richards; Stephan Cummings; Gareth Wiseman; Hamid Ali (brother of Rajaee Ali); Kevin Parkinson; Leston Gonzales and Roger Boucher.
Seetahal was shot dead behind the wheel of her SUV after being ambushed by gunmen along Hamilton Holder Street, Woodbrook, on May 4, 2014. The prosecution is now being led by Senior Counsel Gilbert Peterson who took over the case from Assistant DPP George Busby.
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