-lawyer seeks release through High Court
Ricardo Rodrigues, an associate of convicted drug lord Roger Khan wanted in connection with the recent Lethem arms bust, yesterday turned himself over to police, but his lawyer has moved to the High Court for his release after they detained him.
As a result, acting Chief Justice Ian Chang has given the police up to 11 am today to show cause why Rodrigues should not be released.
Police issued wanted bulletins for Rodrigues, called ‘Fatman’, and his cousin Clive King, called ‘Bora’ on Monday, seeking to question them in relation to the discovery of arms and ammunition at Tabatinga, Lethem, last week. King is still at large.
Around 3 pm last week Monday ranks raided a house at Tabatinga, and found 10 automatic rifles along with matching ammunition, two shrapnel hand grenades; one Icon VHF radio set; one Icon hand-held radio set; and one roll of camouflage material.
Rodrigues’ lawyer Glen Hanoman told Stabroek News that after seeing the wanted bulletin, Rodrigues contacted him on Monday night and they arranged to visit the ‘E&F’ Division Headquarters, at Eve Leary at around 9 am yesterday.
He said that after they arrived, ranks questioned Rodrigues extensively in his presence about the arms found and later took him to another section of the compound, where he was questioned by intelligence officers who took notes.
Subsequently, Hanoman said that he filed Habeas Corpus proceedings in the High Court on the grounds that his client was being unlawfully detained and without any evidence.
He told Stabroek News that Justice Chang, who heard the matter, granted a Nisi Order which instructed the Commissioner of Police to show cause why Rodrigues should not be released immediately. The matter was made returnable for 3 pm.
At the second hearing, according to Hanoman, an attorney from the Attorney General’s Chambers appeared on behalf of the state along with the investigating rank. After hearing the case, Justice Chang granted them until 11 am today to justify why Rodrigues’ detention should not be deemed unlawful.
Asked why he went to the court as police could detain suspects for up to 72 hours, the attorney said that this time frame is a misconception. “The police are misrepresenting the constitution either deliberately or out of ignorance… the constitution prohibits the police from keeping a person beyond 72 hours without charge.
If the police don’t have evidence to detain someone, the second after their detention is unlawful,” he said adding that his position is that the police have no evidence upon which to detain Rodrigues.
Hanoman said that it would be unfair for police to detain a person for 72 hours and use this period to look for evidence. He told Stabroek News also that the issuing of wanted bulletins for persons for questioning into a crime is unlawful.
“You can only do that if the person was reasonably suspected to have committed an offence or if someone is a fugitive from justice,” he said.
The attorney said that his client has been arrested on at least 10 occasions and released after 72 hours without being charged. “It is upsetting when they don’t have evidence and they keep picking up persons who they suspect,” he said, while adding that the only connections he has is that he is related to King and his (Rodrigues) father has a house close to where the items were found.
As a result of the weapons find, Benedict Thompson and King’s wife were arrested and transported to the city along with the arms.
Thompson was later arraigned at the Georgetown Magistrates’ Court on four charges of unlawful arms and ammunition possession, for which he was remanded to prison until December 4.
