Lawyers for businessman Barry Dataram have filed habeas corpus proceedings on his behalf as he remained in custody after his arrest on Saturday night.
Crime Chief Seelall Persaud yesterday told Stabroek News that Dataram, a US citizen who is wanted in that country, was arrested because he breached a court order that was granted last year. Dataram, 29, of Ruimzight Gardens, West Coast Demerara, is one of several people here the US has on its radar for alleged involvement in narcotics trafficking. He is also known as Kevin Mogatani or ‘Fatman.’
Despite the arrest warrant, Dataram’s lawyer Vic Puran yesterday said that as far as he knew his client was not a wanted man as he had not breached any court order. Puran complained that he was unable to speak to his client, who is being held at the Brickdam Police Station. He filed the habeas corpus proceedings in the High Court and a hearing will be held today at 11.30 am. Puran said his client was visiting relatives when a van load of heavily armed police officers approached the location and forced him into the vehicle at around 10.30 pm on Saturday.
Dataram was arrested last year shortly after the bungled abduction of his wife and daughter in December by two Venezuelans, one of whom was shot dead by police. From the outset, the police said the abduction was drug-related and arrested Dataram. Shortly after the kidnapping and Dataram’s subsequent arrest the US issued a provisional arrest warrant for him and there were talks about him being extradited to New York to face charges of conspiracy to export over five kilos of cocaine to the country. Dataram was released after a successful habeas corpus application by Puran and he was ordered to report to the Commissioner of Police every Monday and Friday. He failed to report at the start of the year and police issued the warrant.
Yesterday Puran described Guyana as a “police state” because his client remained in custody on an allegation that he said could never amount to an offence. “In that he is in custody for breaching a court order, assuming but not admitting that he breached the order, the commissioner of police is not the proper person to ensure compliance of an order of the High Court,” Puran asserted. He said that the situation becomes worse because the commissioner is a lawyer and must be aware that he has no power or authority to detain Dataram for breach of a court order. Puran said police on Sunday refused to allow hims and fellow attorney Glen Hanoman to see Dataram and when they pointed out the unlawfulness of the man’s arrest to the duty officer at Brickdam Police Station she said she “could not deal with that”.
“I attempted to speak to the Commissioner of the Police at 11:10 this morning but he refused to speak to me and his personal assistant told me that the commissioner wanted me to give her a message for him and he would return the call. I told her to give the commissioner of the police the message that I was representing Mr Dataram and that I want to advise him, the commissioner of police, that he is detaining Mr Dataram unlawfully and that he has no power or authority to detain him for breaching a court order and I demand that he release him now.” Puran said the commissioner did not return his call.
Meanwhile, proceedings commenced in the Magistrates’ Court yesterday where Puran is challenging the US provisional arrest warrant for his client. Magistrate Hazel Octive-Hamilton is hearing the matter and the state is represented by Sonia Joseph of the Office of the Director of Public Prose-cution. That case will continue this morning.
Thing about this situation you do not know whether it is fiction or non-fiction.Got to hold your breath.
IWANT TO SEE IF MR DATARAM IS RULING THE JUSTICE SYSTEM IN GUYANA.
THEN WE WILL KNOW THAT THE RULE OF LAW IS DEAD THERE.
HE THUMBED HIS NOSE AT THE SYSTEM AND WENT HIS WAY.
IT SEEMS AS THOUGH AMERICA WILL ALWAYS HAVE TO GRAB THEM WHEN THEY SET FOOT OUTSIDE AS THEY ARE BIGGER THAN THE LAW IN GUYANA.
SHAME SHAME SHAME.
THE LITTLE DRUG ADDICTS GET JAIL FOR GRAMS OF COCAINE BUT THE BIG ONES ARE OUTSIDE DOING THEIR BUSINESS.
HEBEEE US COMPUS nonsense.Let the man go to the US and see what is frightening him. If he was never involved in any drugs transportation then why did he not report to the popo as ordered..why was he and his family abducted…why are the US authorities behind him?? only Mr. Dataram can answer these questions.
Maybe is the opposition made him done it, they gets blame for everything wrong, or maybe they told him not to report when he was told to. He knows he is bigger than the laws so he dont has to report.
Time’s up mr. dataram. Only in guyana can lawyers challenge the authority like this. Mr.Dataram went into hiding earlier in the year and have the nerves to have his lawyers challenge the state for his release, yet he’s wanted in the u.s.a for alleged drug smuggling. He should be kept in jail until his deportation is processed.
I can’t believe Mr Puran, the court ordered Mr Dataram to report to the COP twice a week and he “AOWL”. Now Puran is saying that the police have no right to arrest him when a warrant was looming over Dataram’s head since he went on his sabbatical. Now tell me what this man was running from if he has nothing to hide? I hope he is extradited to the US and let them deal with him there, he is a US citizen after all. By the way arrest all the relatives who were harbouring this criminal.
Let us see how this one plays out, Guyana is a funny place when it comes to certain things. I am not holding my breath.
John good to see you back here man..had me worried there for a while…dont hold your breath too long John…i always say…when you big you big in guyana….again the lawyer…he said his client didnt know which police station to report to…could it have been 41 or 42 police division here intoronto? ehehehehe
Mr Dataram and his high powered laywers are using the weak court system to their advantage and the high court should reject their challenge . If he is not guilty , why is he not obeying the court order to report to the police and has gone into hiding. I think it was wrong in the first place for the high court to let him go on bail ,seeing that this man is also wanted in the USA for alleged drug smuggling and some shady activities regarding his family kidnapping.
Tell that to the judge that gave the big award on his last day on the bench
Why do they refer to these people as ‘businessmen’? They should refer to them for whay they are.
What is it about our “businessmen” & the US, they don’t want to see our economy progress?!? The PPP/C is doing such a good job of providing opportunities for these “career professionals” to carry on their respective careers here in Guyana now Uncle Sam wants them all. I wonder why!?!?! These individuals are honourable citizens in the eyes of our beloved, caring & clean govt. I guess they’ll want our high commiccioner to India & former Home Affairs next . . . . or our acting commissioner of police, or the one before Felix. Poor “businessmen” I guess “pharmacy” is not such a good proffession afterall!?!?!
WOW!!! You have used sarcasm like a professional. I like that Fulano de Tal
I got another angle Fulano de Tal
How about he is a re-migrant Guyanese who came back because of investor’s confidence in the local economy, only to be harassed by the GPF, have his family kidnapped by the buxton gangs, and end up in the cross hairs of imperialist USA, thus earning the title of “embattled businessmen”.
i think the police has enough reasons to hold dataram in custody taking into consideration the fact that he disobey the court’s orders to report to the police,his credability is questionable.
John Smith you are right.It is Green who said it .arrest all who harboured him and bulldoze their houses.Sam Hinds has set a precedent.
ha ha ………..nice one sheik