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The judicial hearing into the “unlawful detention” of Barry Dataram continued yesterday before Justice Roxanne George-Wiltshire at the High Court,Bart Starr Packers Jersey UK, and the defence sought an Order Nisi.And while the arguments continued, the detainee was seen nodding off in the docks.Vic Puran, the lead defence counsel,Sammie Coates Steelers Jersey UK, explained that the application is in relation to the unlawful detention of his client,Robert Alford Falcons Jersey UK, Barry Dataram,Artie Burns Steelers Jersey UK, who has been incarcerated since October 4, 2008.He further told the court that his client had been in custody of the Guyana Police Force when that order was initially filed.Dataram has been arrested for breaching a court order that was granted by Justice Jainarayan Singh in January.There is no offence in law as the “breaching of a court order,Davante Adams Packers Jersey UK,” Puran said.Puran further told the court that if one were to “assume” that Dataram breached the court order, the police have no right to arrest him on those grounds.A supplementary affidavit presented by Prosecutor Sonia Joseph, when she appeared before Magistrate Hazel Octive-Hamilton,Mohamed Sanu Sr Falcons Jersey UK, stated that the accused was in custody because he had breached a court order granted by Justice Jainarayan Singh.According to the order,Grady Jarrett Falcons Jersey UK, Dataram was to have reported to the police station on Mondays and Fridays,Tedy Bruschi Patriots Jersey UK, as directed by the Commissioner of Police.Puran noted that the court would be acting in vain,Ra Shede Hageman Falcons Jersey UK, because the Commissioner of Police has to show just cause why Dataram is in custody.“The court must examine if the detention is lawful or unlawful.”The Attorney General, at this point, said that the (Order Nisi) application was made as a result of certain steps taken. He further told the court that the Order Nisi has not been granted and that the judge cannot rule on the matter.Puran added that he and attorney-at-law Glen Hanoman went to the Brickdam Police lockups to hold “communication” with their client, but were denied the privilege.Vic Puran then told the court that he is dealing with a provisional warrant granted by Magistrate Hazel Octive-Hamilton.He noted that inquiries can be made of the Magistrates’ Court about the provocative writ, the writ of right, the writ of cause, and these would all depend on the legality.Puran further told the court that the magistrate had no jurisdiction to issue the provisional warrant. The magistrate would have had to show evidence and provide information to the provisional warrant.“All documents tendered were “hearsay” to secure the warrant. The magistrate’s actions can be viewed as an error to the law, when acting on the provisional warrant.”The matter was adjourned to today. |
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