BARBADIAN Attorney General Dale Marshall was “unfortunately misinformed” in relation to the Barbados police’s conduct in detaining Trinidadian licensed gun dealer Brent Thomas.
Addressing High Court judge Devindra Rampersad on Wednesday, Thomas’ attorney Fyard Hosein, SC, said Marshall was misinformed when he said his client was not abducted.
Hosein said his role in addressing the court was to protect the Judiciary of TT. Marshall, Hosein said, as a senior attorney, ought to have known better than to make the comments he made as his words could have a "multiplying effect."
In a statement in the Barbadian parliament on Tuesday, Marshall said Thomas’s detention and return to this country was not an abduction, as Rampersad said in his April 25 judgment.
"The TT High Court has characterised what transpired in Barbados on October 5 last year in relation to Mr Thomas as an 'abduction.' That is unfortunate language.
"I, however, cannot associate myself with the description of the actions of the Barbados police officers as an abduction or as has been elsewhere been described as a kidnapping."
Hosein said he had looked up the word "abduction," and it meant the removal of someone from one location to another with the threat of violence.
Hosein said in his client’s claim against the State, it conceded that the action of the police officers involved was not legal. On the basis of his client’s uncontested statement, Hosein said, he was removed from his hotel room and put in a cage at the back of a Barbadian police vehicle for hours before being returned to TT.
He said Marshall should be “very careful to go against unchallenged facts of courts.” He urged that the matter should not continue to attract public commentary, and it was time to “lower the temperature” in the public so that there would not be a loss of trust in the country’s institutions.
Hosein and Gilbert Peterson, SC, who is representing the State, told Rampersad they would agree to a timetable to settle the outstanding dispute in the matter of compensation and inform him of their decision on June 7. Rampersad agreed, and said he would tell them on or before June 14 if he agrees with the decision.
Hosein said he intends to submit expert reports and witness statements.
Thomas sued the State over a breach of his constitutional rights and criminal charges. On April 25 Rampersad ruled in his favour and severely criticised the conduct of the investigating officers, who were assigned to the Professional Standards Bureau.
The judge found Thomas was "abducted" from Barbados and brought back to TT to face charges. He permanently stayed the seven criminal charges brought against Thomas of being in possession of grenades and automatic rifles, all prohibited by the Firearms Act. Wednesday's hearing began the process of deciding the appropriate financial repercussions the State will face.
The State has appealed Rampersad's ruling to stay the criminal matters, which if left unchallenged would mean the State could not ever pursue those charges against Th
