Judge praises police for destabilising 'sinister' Carnival terrorist plot in 2018

A HIGH COURT judge on Monday praised the work of the police in disrupting a possible threat to disrupt Carnival activities back in 2018.

Justice Frank Seepersad made the comment after he dismissed a wrongful arrest and false imprisonment lawsuit of a Freeport businessman who was detained by police during their investigations of the alleged terrorist plot.

In his claim, Fawaaz Ali said he was arrested on February 7, 2018, after police executed a search warrant for arms, ammunition and explosive devices at his home.

Ali and his wife testified at the trial on Monday.

Ali said the police did not show him a warrant and forced themselves into his home, pointing guns at his wife and young children. Ali was also taken to another property he owned where his second wife and children lived. Nothing illegal was found at either house but the police took several electronic devices from both homes, which were eventually returned.

He was detained for a week before his attorneys filed for a writ of habeas corpus, calling on the police to justify Ali’s lengthy detention. Ali was released the day before the matter was to be heard in court without being charged with an offence.

His lawsuit said it was not until after his release that he became aware of the allegations of terrorist activity against him.

In his ruling, Seepersad said the alleged threat could not be diminished.

“Thankfully, the intelligence was received, processed and acted upon in a timely manner.

“The proactive and pre-emptive approach adopted by the police has to be applauded.

“This is indicative of the type of intelligence-premised policing which is desperately required to thwart the efforts of those who are hell-bent on causing mayhem.”

As he referred to the testimony of retired acting Assistant Commissioner of Police (ACP) Wendy Wilkinson, who led the investigations of the Special Branch’s Terrorism Interdiction Unit, Seepersad said the information the police received “expressly identified” Ali as a possible suspect in the Carnival disturbance plot.

He said the police acted reasonably and responsibly by arresting and detaining Ali as he noted they had compelling information of a likely terrorist plot to disrupt the 2018 Carnival celebrations.

“The court also finds as a fact that given the gravity of the plot which was being investigated, the period of the claimant’s detention was by no means unreasonable.

“The court also accepts that the intelligence and information came from credible and respected foreign intelligence. Sources and specific names, including the claimant, were referenced.”

The judge added, “The police, based upon the information within their remit, had to play a pivotal role in ensuring the protection of the public. In this instance, they acted in the public interest to protect the people who prioritise peace and productivity.”

Seepersad said the right to freedom was of paramount importance but was not absolute and was subject to lawful limitations.

“Matters of national security cannot be marginalised as the public interest to ensure peace, stability, and good governance far outweighs an individual’s right to his/ her freedom.

“The threat of terrorist attacks cannot be disregarded.

“This country has to operate upon the premise that the destabilising endeavours of extremists, organised criminal enterprises and radicalised revolutionaries present an evident and present danger.

“Extreme vigilance, tactical, targeted and timely responses are essential as every effort has to be made to contain and eradicate all forms of criminal enterprise and engagement.

“In this case, the court is convinced that the security forces had credible and substantial information with respect to a sinister plot which, if executed, could have had a dire and detrimental impact upon this republic.”

“In the circumstances, the court is resolute in its view that there was reasonable and probable cause to arrest and detain the claimant.

“Consequently, the court holds that the claimant’s claim is devoid of merit and must be and is hereby dismissed.”

In her testimony, Wilkinson said the devices taken from Ali contained the beheading of unknown people and a guide on how to build an explosive vest.

“Some of the things on the devices were quite alarming,” she said.

Ali was ordered to pay the State’s costs of $14,000 for defending his unsuccessful claim.

He was represented by Taradath Singh while the State was represented by Russell Martineau, SC, Diane Katwaroo, Sanjeev Lalla, Coreen Findley and Sanjiv Sookoo.