SORT head charged, gets bail as probe of murder suspects' death continues

A MISBEHAVIOUR charge has been laid against head of the Special Operations Response Team (SORT) Insp Mark Hernandez.

The charge stems from the deaths of murder suspects Andrew Morris and Joel Balcon who were held during the investigation of the murder of court clerk, Andrea Bharatt, but died in police custody.

Hernandez was charged shortly after a High Court judge gave Police Commissioner Gary Griffith until 4.14 pm on Monday, to lay the misbehaviour charge or release him.

Newsday understands he was charged at about 3.49 pm on Monday, and was granted station bail in the sum of $300,000. He is expected to appear before a Sangre Grande magistrate on June 1.

Just before 6 pm, Hernandez, in the company of one of his attorneys Gerald Ramdeen, walked out of the Maloney police station. He had been in custody for over 140 hours.

Hernandez told the media he was confident of the legal system and of his eventual vindication when the truth will be revealed. He wished the men and women of the SORT team the best in continuing to protect TT and discharging their duties while assisting the commissioner in the fight against the criminal elements.

He said he believed in the officers of the unit, and “now that I leave the unit, I want to tell the people of TT they are in safe hands with the officers of SORT.”

Hernandez spoke of the operation involving Bharatt, saying it was a painful one.

“It is never a good thing when citizens die.”

He said the two suspects did not die in police custody, but while seeking medical attention. And, he said, they “died with secrets."

“We wanted them alive,” he said.

He said the investigation had to go on and urged citizens to stand-up and represent the country because it was bleeding.

Ramdeen said it was a sad day for the police service when an officer of 23 years of service to the people, who led the elite SORT unit, and who was called into action daily to save the lives of the people of TT, almost on a daily basis, in every high profile kidnapping and murder, could be charged with misbehaviour arising out of the discharge of his duties in a crime that rocked the nation.

He said Hernandez was a true patriot of TT.

“He was responsible for removing the most heinous criminals and monsters plaguing society off the streets. If there were more patriots like him, TT wouldn’t be in the situation it finds itself in today.”

The charge against him alleges that he misbehaved himself by encouraging the unlawful assault, by beating, of someone by the name of David Ottley Jr causing him to sustain actual bodily harm.

Hernandez had earlier appeared virtually from the Maloney police station for the return of the writ of habeas corpus, which had been granted on Friday night.

At that hearing,  Justice Betsy Ann Lambert-Peterson gave the police two hours to lay the charge, and ordered the commissioner to pay half Hernandez’s costs for filing the application for the writ.

Hernandez, a nominee for the post of deputy police commissioner, was arrested early on Wednesday at his Arima home by officers of the Professional Standards Bureau (PSB) in connection with the deaths of Morris and Balcon.

Earlier on Monday, Justice Jacqueline Wilson ordered the police to release WPC Laura Gadar.

Hernandez and Gadar were among a number of SORT officers and soldiers questioned about the deaths of Balcon and Morris. Gadar was released from the Maloney police station shortly after the judge gave the order.

Gadar, who was arrested at SORT’s headquarters at Camp Cumuto, also on Wednesday, last week, was subjected to three failed identification parades and her attorneys complained that she still remained in custody.

On Monday, there was a social media campaign seeking the release of the two SORT officers, under the heading Protect Our Soldiers, as well as a change.org petition which has since received 763 signatures.

At 6 pm, there were over 800 signatures. The petition’s target was 1,000.

In support of the writ, attorneys representing Hernandez claimed his detention was an "orchestrated and pre-meditated" plot to tarnish Hernandez's reputation because he was nominated for the position of deputy commissioner.

They also accused the police of interviewing their clients, for which several other SORT officers who were also detained, with the intent they would reveal evidence to self-incriminate themselves so that they could be charged.

Morris and Balcon were held by SORT hours apart on January 30 in connection with the kidnapping of court clerk Andrea Bharatt. Two days after the arrest, Morris died, and Balcon died eight days later.

Autopsies concluded that they both died from blunt force trauma. Their relatives claimed they were beaten to death by police.

Bharatt's body was found down a precipice off Aripo Road on February 4 after she went missing on January 29.

Negus George has been charged with her murder.

Hernandez and Gadar were represented by a team of attorneys who include Wayne Sturge, Gerald Ramdeen, Mario Merritt, John Heath, Darren Mitchell, Alexia Romero and Dayadai Harripaul.