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.
