The lawyer representing 11 men accused of murdering Senior Counsel Dana Seetahal has complained that some of his clients are being subjected to “inhumane” conditions while on remand.
Attorney Criston J Williams made the complaint to Chief Magistrate Marcia Ayers-Caesar yesterday morning as his clients reappeared before her in the Port-of-Spain Eighth Magistrate’s Court.
As he revealed that former LifeSport co-ordinator Rajaee Ali has been kept in solitary confinement at the Port-of-Spain State Prison at Frederick Street, Port-of-Spain, since December last year, Williams said such isolation could be considered torture.
While Ali was only charged with Seetahal’s murder last month, he has been in remand since last year after being charged with unrelated charges for conspiring to murder radio announcer Kevaughn “Lurbz” Savory.
In addition to Ali’s treatment in prison, Williams also took issue with prisoner transportation arrangement for Ali’s older brother, Hamid, with whom he is jointly charged for Seetahal’s murder.
Williams said because of Hamid’s portly figure he has difficulties in entering and exiting the single-prisoner enclosure of the transport trucks and is constantly injured every time the drivers come to a stop.
While she made note of the complaints, Ayers-Caesar said she did not have the power to intervene.
Director of Public Prosecutions (DPP) Roger Gaspard, SC, also acknowledged the issues raised by Williams and agreed to raise it with prison authorities once Williams makes an official request through his office.
Like their previous appearances before Ayers-Caesar, security around the St Vincent Street courthouse was noticeably increased. Heavily armed police officers blocked the street for the duration of the hearing, while unarmed officers stood guard outside and inside the courtroom.
During yesterday’s hearing, Ayers-Caesar gave Williams and Gaspard deadlines for filing their submissions on an application calling for her recusal from the case.
Williams had indicated his intention to file the application during the group’s first court appearance, as he pointed to the fact that she (Ayers-Caesar) had previously consented to be replaced as the presiding magistrate in Ali’s case pertaining to Savory.
The initial request was made over the fact that Ayers-Caesar’s security detail was comprised of officers of the Criminal Gang and Intelligence Unit (CGIU), which investigated the alleged plot to assassinate Savory.
Alleged case
Rajaee, Hamid, their younger brother, Ishmael, and nine members of their family’s Jamaat-al-Muslimeen Carapo mosque are charged with murdering Seetahal in Woodbrook on May 4.
Seetahal, a former Independent Senator, was ambushed by gunmen along Hamilton Holder Street while returning home from a night out at the Ma Pau Casino at Ariapita Avenue.
The other accused men, who are also charged with being gang members, are brothers Devaughn and Stephan Cummings, Ricardo Stewart, Earl Richards, Kevin Parkinson, Leston Gonzales, Roget Boucher and Gareth Wiseman.
Three members of the organisation who were not charged with the murder — Devon Peters, David Ector and one of Rajaee’s wives, Stacy Griffith — were also charged with being members of the gang. Griffith was charged separately under the Anti-Gang Act for facilitating the activities of the gang.
All the accused are being represented by Williams except Griffith, who is being represented by Rajiv Persad, Shivan Jadoo and Shawn Mahase.
The group will reappear in court on September 21.