Police ordered to hand over documents from search

A senior officer from the police Special Investigations Unit (SIU) has been ordered to hand over documents taken from the compound of a land developer in Vega de Oropouche during a search on May 21.

Sgt Rajesh Antoine of the SIU was given until 3 pm on May 22 to lodge inventory pages and payroll sheets with the registrar of the Supreme Court.

Justice Frank Seepersad made the order hours earlier at the hearing of an injunction application filed by the developer’s attorneys.

Businessman Danny Guerra and real-estate division DG Homes have complained that Antoine breached a court order.

On May 21, while a search of DG Homes’ premises was taking place for evidence relating to an investigation of trafficking in persons, Guerra’s attorney, Gerald Ramdeen, who was on the compound, received an emergency injunction from Justice Avason Quinlan-Williams.

The injunction was sought after police allegedly refused to have Ramdeen present to instruct Guerra after the police cautioned him.

Guerra said he was two labour inspectors of the Ministry of Labour asked him for documents of wages paid by DG Homes so they could ascertain whether the company’s employees were being paid less than the minimum wage.

His application says after reviewing the documents, the inspectors told the SIU officers they found no evidence an offence had been committed.

Guerra alleged Antoine began questioning him but Ramdeen told him he could not do so unless his client was cautioned. This was done.

However, Guerra claimed Ramdeen was told he was obstructing the police’s investigation.

Guerra said he was subjected to an interview without his attorney being present while the search was taking place.

Seepersad will now have to determine whether any information was extracted from Guerra and used in furtherance of the execution of the search warrant.

“If under the guise of the questioning they retrieve information from the person and then use that to seize documents, the process becomes tainted,” Ramdeen submitted.

He said Quinlan-Williams’ order was for Antoine to lodge with the registrar the documents obtained after the purported interview, as well as any interview notes.

He also said Antoine refused to acknowledge the judge’s order.

“We are not asking back for the documents, only that they be preserved.”

He also said there were video recordings of the event which will be tendered into evidence to support Guerra’s contentions.

In making his order for the police officer to lodge the documents, Seepersad said his concern was twofold.

“Once a judge issues an order, the terms of that order are mandatory.

“It is absolutely unacceptable that an officer of the TTPS would have the temerity not to comply with the terms of an order.

“There is not a circumstance where one has a discretion whether or not to comply. You comply, and if there is a challenge to the propriety of the order, that can be done in court.”

He added, “Of extreme concern to this court is that a senior police officer, where a judge issues an order, there was not a pause.

“That is not how we operate. The TTPS is not an entity of its own. It is unfathomable that a sergeant of police, knowing a judge is issuing orders, would not take a moment to pause and understand the authority of a judge cannot be disregarded, whether you agree with it or not, and is mandatory.”

In earlier submissions, state attorney Stefan Jaikaran said his initial instructions from Antoine were that there were no interviews, so there were no interview notes. He noted the officers had a valid search warrant, but asked for additional time to put in affidavit evidence from Antoine.

The matter was adjourned to July 15, after Seepersad granted the order directing the officer to preserve and deliver all material, notes or any other item that came into his possession from his investigation of Guerra on May 21.

Ramdeen was also cautioned about his continued representation, given he may have to give evidence in the matter.

Guerra is also represented by Dayadai Harripaul.