As the lawyers representing drug accused businessman Barry Datram continue to argue that the provisional arrest warrant issued for him is null and void, Justice Jainarayan Singh has ordered that he be brought before him on Thursday to determine whether or not Datram’s detention was legal.
Defence counsel Vic Puran yesterday informed Magistrate Melissa Robertson-Ogle and attorney-at-law Candace Raphael, who was representing the Director of Public Prosecution (DPP) of the order and later provided them with copies of it.
Following Datram’s detention on Friday minutes after he was freed in the High Court, Puran filed Habeas Corpus proceedings.
When the matter was called yesterday before Magistrate Robertson-Ogle, Puran asked for his client to be taken before Justice Singh to be remanded or tried.
Meanwhile, Raphael indicated to the court that she had no problem with the matter proceeding in the High Court.
After the initial hearing and the indication that a fresh order was passed in the High Court the matter was adjourned and Puran left to get Justice Singh’s order. The magistrate later read the order and said that on Thursday it would be determined whether Datram’s detention was legal, but until then he would have to remain in custody.
But Puran contended that the court would have to surrender jurisdiction based on the order adding that Datram had to be remanded into the custody of the High Court.
Raphael, in response, said the order did not say that he should be remanded into the custody of the High Court.
After listening to both sides, Magistrate Robertson-Ogle said that Datram would be taken from the Camp Street prison to the High Court on Thursday morning.
On Friday, the High Court had ordered that Datram be freed, squashing the provisional arrest warrant issued for him by Magistrate Hazel Octive-Hamilton several days before. Datram was taken back to the Brickdam police station where he was held and then released but was followed closely by the police who arrested him again in the vicinity of Bourda Market without informing him of the reason.
Apparently, Magistrate Robertson-Ogle had just moments before approved an application made by Raphael on behalf of the DPP for a provisional arrest warrant to be issued for Datram.
Puran told Stabroek News on Friday that he had argued that the magistrate had issued her warrant in her office when she had no jurisdiction to do so. He said Justice Singh ruled that the provisional warrant issued by Magistrate Octive-Hamilton was void and a nullity because he could find no authority in the common law or statute that permitted the magistrate to sit in chambers and issue a warrant. He said the judge ruled too that no evidence was led at all and therefore there was nothing on which Magistrate Octive-Hamilton could have issued a provisional warrant. The judge also found that no evidence of identity was led and he found that the provisional warrant was void and ordered the release of Datram.
When Datram had appeared at court on Friday, Raphael applied for his committal pending the authority from the minister to proceed with the extradition matter. She stated that under Section 15.3 of the Fugitives Offenders Act it is now for the magistrate to commit Datram for a period not exceeding one month pending the authority to proceed. Puran in response to the submission said Datram was unlawfully before the magistrate in that the provisional warrant issued by her was null and void.
The Datram saga began almost a month ago when he was arrested following the abduction of his wife Sheleza and their three-year-old daughter by two foreigners. Police had detained him beyond the 72 hours that the law allowed a person to be held in custody before being charged. His lawyers had approached the court with a Habeas Corpus writ but police had asked for an extension to conclude their investigation into the kidnapping, which they said was drug-related.
Justice Yonette Cummings-Edwards had ruled in favour of the extension. The man’s lawyers subsequently appealed her ruling before Justice Singh who released Datram on $100,000 bail.
However, police said soon after bail was granted, they received the warrant from the US, and Datram was rearrested.
Since then Datram has been backwards and forwards between the High Court and the Magistrate’s Court.
