After over a month of legal wrangling drug-accused businessman Barry Datram was released on bail yesterday after Justice Jainarayan Singh Jnr ruled in the High Court that his detention was not lawful.
As a result of the ruling, the order granted by Justice Singh on December 13, 2007 that had set Datram free on $100,000 bail following an extended police arrest still stands. The businessman is required to report to the police every Monday and Friday.
Police had shown an interest in Datram after the drug-linked kidnapping of his wife and daughter in December 2007. Following the kidnapping, the US had issued an arrest warrant for him on a drug charge. Twice, provisional arrest warrants were issued in the lower court for the businessman but on both occasions his attorney Vic Puran had approached the High Court seeking his release, the most recent hearing concluding yesterday.
During the proceedings following Datram’s re-arrest, Puran had argued that his client was being held illegally given that a High Court order had quashed a provisional arrest warrant issued for him and also ordered his release granting him pre-trial liberty. Puran said the conduct of the police who re-arrested Datram after his release on December 13 was illegal.
He questioned how the police could re-arrest Datram on the same offence and pointed out that outside of the warrants, the police had nothing on which to hold the businessman. He had asked Crime Chief Seelall Persaud under cross-examination whether the police had any reason to hold Datram outside of the arrest warrants issued and was told no.
But Attorney General Doodnauth Singh had rebutted saying that Justice Singh had to determine whether Datram’s detention on December 21 following a provisional arrest warrant being issued was illegal. He said any court proceedings in the High Court prior to that date were irrelevant to the case.
Datram’s legal 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 had received the warrant from the US and Datram was rearrested.
Since then Datram has gone back and forth between the High Court and the Magistrate’s Court. Up to yesterday afternoon, there was no reported attempt by the police to re-arrest Datram. (Iana Seales)
