Belmont landscaper charged under SoE regulations denied bail

A Belmont landscaper held by police under emergency powers regulations has been denied bail.

Afiba Guerra, 28, of Upper St Francois Valley Road, Belmont, was arrested by police at Zachariah Avenue, Thick Village, Siparia on January 9.

Guerra, the father of two, a four-year-old and a ten-month-old, was charged with possession of eight live rounds of military-grade ammunition with the markings VEN 75.

He appeared before acting deputy Chief Magistrate Brian Dabideen on January 13.

Dabideen denied bail after considering the SoE regulations and the Bail Act. However, he said he would reconsider bail at the next hearing on February 10.

He also ordered the police to take the exhibits to the Forensic Science Centre, Port of Spain, “forthwith,” since the regulations prevent anyone charged with an offence under the regulations from challenging this in the High Court through a writ of habeas corpus. The regulations also prevent a High Court judge from granting bail after denial by a magistrate.

Dabideen questioned why the charge fell under the SoE regulations and not the Firearms Act but was told by the police that they were just complying with instructions from the legal unit.

The regulations suspend bail for individuals detained or charged under the SoE.

It is alleged that Guerra, at Zachariah Avenue, Thick Village, Siparia, on January 9, had in his possession eight rounds of 7.62 ammunition with the markings VEN 75 contrary to section 8(1) of the emergency powers regulations 2024.

He pleaded not guilty to the summary charge after the magistrate read it out to him. Guerra will return to court on February 10.

Dabideen also advised Guerra to raise his concerns about his safety with the Commissioner of Prisons since that was a matter for the prison service.

At a police media briefing on January 10, Deputy Commissioner of Police (DCP) Junior Benjamin said almost 600 priority offenders had been targeted and “at least” 500 individuals were arrested.

The Prison Officers’ Association (POA) has expressed concerns over the designation of two of the four prison facilities designated as detention centres for individuals held under the SoE regulations.

The four facilities are Carrera Convict Prison; Women’s Prison and Remand Prison at Golden Grove; and the Eastern Correctional Rehabilitation Centre.

The PoA says the Carrera Convict Prison or the Remand Prison in Golden Grove were not suitable detention centres.

Guerra’s legal representatives are contemplating filing judicial review proceedings while a complaint over his arrest is expected to be lodged with the Police Complaints Authority.

On December 30, the President declared an SoE due to escalating gang-related violence.

The SoE was invoked to counter threats to public safety and disruptions to essential services.

The emergency regulations grant extensive powers to law enforcement, including detentions, restrictions on movement, and limitations on speech deemed prejudicial to public order. A person who commits an offence under the emergency regulations is liable on summary conviction to a fine of $100,000 and imprisonment for a term of five years.