Belmont man challenges denial of bail under SoE regulations

A Belmont landscaper charged with possession of ammunition under the emergency powers regulations 2024 has challenged the acting deputy chief magistrate’s decision to deny him bail.

Afiba Guerra’s application will come up for hearing on January 27 before Justice Joan Charles.

Guerra wants the court to quash acting deputy Chief Magistrate Brian Dabideen’s refusal of bail on January 13, and have it remitted to the magistrates’ court to be dealt with by another magistrate.

Keron Ramkhalwhan represents him.

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

Dabideen denied bail after considering the SoE regulations and the Bail Act. Dabideen also questioned why the charge fell under the SoE regulations and not the Firearms Act, which carried a higher penalty, but the police told him they were just complying with instructions from their 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.

Guerra said he instructed his attorney to pursue judicial review to challenge the lawfulness of Dabideen’s decision, as it was “unlawful.” He contends there was no evidence to support the denial of bail, also alleging that the acting deputy Chief Magistrate applied the wrong legal test.

Guerra’s application also contends that Dabideen failed to provide the specific sections of the Bail Act and regulations he relied on to deny bail.

Ramkhalwan said, “Bail should never be seen as a quick fix or deterrent to crime. The bedrock principles of the presumption of innocence and the right to liberty are fundamental rights that must be safeguarded.
“These rights can only be limited when pre-trial detention is truly necessary and justified.

“So, it's crucial that we do not mistakenly equate the denial of bail with solving or deterring crime.”

In the application, the attorney said Guerra asserts police fabricated the charge against him, alleging they “planted” evidence to “build a case.”

Guerra said a friend who allegedly witnessed the search has signed a statutory declaration also suggesting the charge was fabricated.

His attorney said, "Given this serious claim, the application for bail becomes critical. It's not just about securing freedom; it's about protecting the individual from unjust detention that may be the result of police misconduct — a pattern that has unfortunately plagued Trinidad and Tobago in the past.

“Ultimately, the bail process here is an essential step in ensuring justice is served and that any potential misuse of authority is addressed.”

Guerra said he had strong family and community ties and had never been a danger to public safety.

While admitting he had pending charges for possession of a firearm, ammunition and army clothing, resisting arrest, and using obscene language in 2021, he said he has abided by his bail conditions.

Charles ordered Guerra’s attorney to serve Dabideen with a copy of the application ahead of Monday’s hearing.