Committee to ensure compliance

THE failure by police to comply with a judge’s habeas corpus order on Christmas Eve, in 2016 will lead to special committee of the Law Association being convened to make recommendations to ensure such orders are carried out.

The move comes after attorneys representing the Commissioner of Police (CoP) in contempt proceedings against three police officers agreed that the system broke down for Levon Julien.

Julien, of Las Alturas, Morvant, spent ten days in custody before he was eventually released at the same time the police were ordered by Justice James Aboud to bring him to court on December 24, 2016.

He subsequently received permission to bring contempt proceedings against Insp Harvey Jawahir of the Port of Spain Criminal Investigations Department, PC Stephen Smith of the Homicide Bureau and PC Hercules of the Central Police Station in Port of Spain.

Julien’s attorneys Darrell Allahar, Chase Pegus and Ajay Baball argued that the police officers disobeyed Aboud’s orders that Julien should be brought to the court on two occasions to give effect to the writ of habeas corpus granted on December 23, 2016. Julien was arrested on December 13, 2016, in a murder inquiry.

When the matter came up before Justice Jacqueline Wilson at the Hall of Justice in Port of Spain yesterday, Allahar said a compromise had been arrived at between the State and Julien. As part of the compromise, a joint statement was read out in open court. It provided the background in Julien’s case and the historical significance of habeas corpus orders, which was traced back to 1215, to allow a court to examine the legality of a prisoner’s detention.

It also agreed to petition the Law Association to convene a committee, consisting of judges, lawyers from the private bar, the Office of the Attorney General and the Office of Commissioner of Police. The committee will recommend that such court orders are immediately brought to the attention of the police officers in whose custody the prisoner may be.

The recommendation also calls for the Chief Justice to issue a practice directive for the service of habeas corpus orders. Attorney Neil Byam appeared for the CoP and the AG in the contempt proceedings.