UPDATED: Gulf View couple threatens to sue CoP over searches

POLICE Commissioner Gary Griffith, and his officers, are being asked to apologise to Gulf View homeowners Ravi and Lelawatee Dinanath and compensate them for several alleged breaches of their rights.

Police searched at least seven mansions in Gulf View, La Romaine, last Friday. One belonged to the Dinanaths at Sea View Parkway.

Their attorneys, Jagdeo Singh, Dinesh Rambally, Kiel Taklalsingh and Stefan Ramkissoon, yesterday wrote to the commissioner demanding a reasonable offer of compensation and an apology, failing which they will start legal proceedings in the High Court in 14 days.

The Dinanaths are alleging the police infringed their rights and were guilty of trespass when they raided their home without a search warrant. They contended that the police had no right to enter their home, as no suspicious activity occurred there to warrant the raid.

They also claim at no time were they permitted to contact an attorney to be present during the search.

“In the absence of warrant, the search can be reasonably seen as oppressive, arbitrary, unconstitutional unlawful and an act of trespass,” Ramkissoon said in the letter delivered to the commissioner just after noon yesterday.

The attorney said the actions of the 17 policemen who carried out the search brought into question issues of misfeasance and/or misbehaviour in public office, where the police may have exercised the power entrusted to them for an unlawful purpose.

The attorneys also denounced the statement by the Police Complaints Authority (PCA), which on Thursday said its preliminary investigation found no misconduct on the part of any police officer involved in the search.

The Dinanaths claim no one from the PCA contacted them, and their lawyers questioned the “deficiencies and prematurity” of the authority’s statements, saying they had no confidence in the body to do any meaningful investigation.

They maintained the police did not seek their permission to enter their premises or videotape their home and cars, nor did they have a search warrant or a reasonable belief that evidence of any alleged wrongdoing would be found at their home.

They said they were told by the police, the majority of whom wore masks and camouflage tactical gear: “We are here to search your property. Open your door now or we will break it down,” and: “We searching for equipment. Open now, or my colleagues will break down this door on you. “

Mrs Dinanath, who was home alone with her son at the time – her husband having gone for his usual “stress-free, nature energising walk" – said she was told not to move and ordered to sit on a couch.

The letter said her son, who was sleeping at the time, was rudely awakened and brought downstairs to where his mother was seated.

When her husband returned home, he was not allowed to enter and when he asked one of the policemen for a warrant he was told, “We don’t need a warrant to enter your house. We searching for something that’s none of your business. Like you want a 72 or what? Step back or you will be arrested for obstructing officers from conducting their duty.”

He also claimed the police refused to contact the Emergency Health Service for his wife. who suffered an asthma and panic attack, and was allegedly told by one of them, “You call them. We don’t have time for that.”

Dinanath called the EHS himself and his wife was taken to hospital.

An hour after they arrived, the letter said, the police left “empty-handed.”

This story was originally published with the title "Gulf View couple threatens to sue Police Commissioner" and has been adjusted to include additional details. See original post below.

POLICE Commissioner Gary Griffith, and his police officers, are being asked to apologise to Gulf View homeowners Ravi and Lelawatee Dinanath and compensate them for several alleged breaches to their rights.

At least seven mansions in Gulf View, La Romaine, were searched by police last Friday. One of the homes belonged to the Dinanaths at Sea View Parkway.

Their attorneys, Jagdeo Singh, Dinesh Rambally, Kiel Taklalsingh and Stefan Ramkissoon, wrote to the commissioner demanding a reasonable offer of compensation and an apology, failing which they will commence legal proceedings in the High Court in 14 days.

The Dinanaths are alleging the police infringed their rights and were guilty of trespass when they raided their home without a search warrant.

They contended that the police had no right to enter their home as no suspicious activity occurred there to warrant the raid.

They also claim at no time were they permitted to contact an attorney to be present during the search.

“In the absence of warrant, the search can be reasonably seen as oppressive, arbitrary, unconstitutional unlawful and an act of trespass.”