Lawyers representing the 11 men accused of murdering Senior Counsel Dana Seetahal have accused State prosecutors of delaying their case.
During their brief hearing in the Port-of-Spain Magistrate’s Court yesterday, attorney Criston J Williams, who is representing reputed gang leader Rajaee Ali and most of the other accused men, claimed that after close to three months since his clients were arrested for the crime, the Office of the Director of Public Prosecutions (DPP) was yet to disclose the evidence against them, which was needed to start the paper commital proceedings in the case.
Williams’ complaint was supported by attorney Rajiv Persad, who is representing Ali’s wife, Stacy Griffith. Griffith is not charged with the murder but is accused of assisting the gang of men in the crime.
The complaints were met with the cheers of the accused men who chanted several Islamic verses in the prisoner’s enclosure until they were subdued by a special team of police officers assigned to the court for their hearings.
Security in and around the St Vincent Street, Port-of-Spain courthouse was visibly strengthened yesterday—as has become the norm—anytime the group appears in court.
In response, State prosecutor Tricia Hudlin-Cooper defended her office as she stated that it could only disclose the material when it received it from police investigators.
“Disclosure is an ongoing thing,” Hudlin-Cooper said as she assured both attorneys that the evidence against their clients would be delivered to them as soon as reasonably possible.
In addition to the issue of disclosure, Williams also said that his application seeking to have Chief Magistrate Marcia Ayers-Caesar recuse herself from the case was being delayed by the failure of several government agencies to provide key documents.
Ayers-Caesar was not present for the hearing, as she is overseas, so Deputy Chief Magistrate Mark Wellington presided in her absence. The recusal application is based on claims that members of the Criminal Gang and Intelligence Unit, which was part of team that investigated Seetahal’s case, also provided bodyguard duties for the Chief Magistrate.
“We have made applications under the Freedom of Information Act but these usually take a long time,” Williams said as he asked prosecutor Hudlin-Cooper if the State was willing to release the names of the police officers from the Criminal Gang and Intelligence Unit, who participated in the investigation into Seetahal’s murder. A similar application was raised in separate case where Ali is charged with conspiring to murder radio announcer Kevaughn “Lerbz” Savory in November, last year. That application was approved by Ayers-Caesar earlier this year with Senior Magistrate Ejenny Espinet being assigned the case.
Hudlin-Cooper said Williams’ request could not be facilitated until he made the formal application.
Seetahal was shot dead behind the wheel of her Volkswagen Touareg SUV after being ambushed by gunmen along Hamilton Holder Street, Woodbrook, on May 4. She was returning to her home at One Woodbrook Place after spending a night at the Ma Pau Casino, Ariapita Avenue. The group were eventually charged on June 27, this year.
The group is scheduled to reappear in court on October 8.
Charged
The accused charged with murdering Seetahal and with gang offences:
1. Rajaee Ali, 29, of Rose Drive, Carapo.
2. Devaughn Cummings, 29, of Poui Lane, Malabar, Arima.
3. Ishmael Ali, 30, of Pinewood Drive, Carapo, Arima (brother of Rajaee Ali).
4. Ricardo Stewart, 30, of Rose Drive, Carapo, Arima.
5. Earl Richards, 48, of Waterhole, Cocorite.
6. Stephan Cummings, 33, of Rose Drive, Carapo.
7. Gareth Wiseman, 33, of Caledonia Road, Lange Park, Chaguanas.
8. Hamid Ali, 34, of Melodians Crescent, Malabar, Arima, (brother of Rajaee Ali).
9. Kevin Parkinson, 28, of Waterhole, Cocorite.
10. Leston Gonzales, 28, of Malabar, Arima.
11. Roget Boucher, 29, of Rose Drive, Carapo.