Attorneys for Wallerfield man allege unlawful detention

ATTORNEYS representing a Wallerfield man on firearm-related charges have filed an urgent application for a writ of habeas corpus, arguing that his continued detention is unlawful due to legislative changes that render his charges null and void.

Odell John was charged with possessing a firearm and ammunition on March 9, 2023, under the now-repealed Indictable Offences (Preliminary Enquiry) Act (IOPEA).

However, his attorneys Russell Warner and Nikita Camacho contend that his prosecution collapsed when the Administration of Justice (Indictable Proceedings) Act, 2011 (AJIPA) came into force on December 12, 2023, effectively repealing the IOPEA.

At a hearing on March 5, Justice Frank Seepersad noted the lack of legislative provisions addressing the status of unexecuted warrants issued before AJIPA came into force.

He asked whether the State would consider a preliminary position to halt the execution of such warrants until the court provides clarity on the law.

Seepersad suggested that an interim declaration could be issued to pause the execution of warrants issued before AJIPA, ensuring that no additional individuals are affected until a final ruling is made.

Senior Counsel Gilbert Peterson, representing the State, acknowledged both the police’s position and that there could be multiple similar cases pending. He agreed to file submissions on an interim declaration before the next hearing on March 11.

Seepersad said a systematic approach was needed to resolve the legal uncertainties.

“This is one matter, but there may be numerous others where warrants were issued but not yet served. It is imperative we adopt a systematic and thorough approach to the operative law so an informed position can be made,” he said.

Peterson expressed a preliminary view that John’s case could proceed under the old law, while Warner surmised that the DPP could discontinue the matter and have a fresh complaint filed under AJIPA.

Seepersad also directed that the Director of Public Prosecutions (DPP) again be served with hard copies of the proceedings to obtain his input, noting that his position would be of “great assistance” to the court’s decision.

In the application, Camacho said the repeal of the IOPEA effectively "obliterated" all pending cases unless they met strict saving provisions outlined in AJIPA.

Under these provisions, only cases where an accused had appeared before a magistrate and had the charges read before December 12, 2023, could proceed.

John, however, was arrested ten months after the repeal, on October 12, 2024, and was brought before the Arima Magistrates’ Court two days later, where the charges were read for the first time. As such, his attorneys say his case did not meet the criteria for preservation under AJIPA, rendering his prosecution legally non-existent.

John's attorneys argue that the IOPEA was repealed without any applicable savings clause that could preserve his prosecution.

“Upon the repeal of the IOPEA, the pending proceedings against the applicant were totally ‘destroyed/invalidated.' This is so as no savings clause applies to save the said proceedings.

“AJIPA’s savings clause therefore only applies to criminal proceedings in which, prior to the coming into force of AJIPA, the accused was (a) brought before a magistrate/district court judge/magistracy registrar and (b) the charge was read to him.

“Both conditions must be satisfied in order for AJIPA’s savings clause to apply/operate.”

They also contend because his case did not meet AJIPA’s criteria, the charges against him are null, void, and legally unenforceable.

“Accordingly, from December 12, 2023, the said informations, which are the foundational charging documents in the criminal proceedings against the applicant, were rendered invalid, null, void and of no effect whatsoever.

“They are nullities. As the said informations are nullities, the criminal proceedings which are founded on the same are also null and void.”

They also maintain that all warrants issued for his remand are invalid, meaning his continued detention at Maximum Security Prison is unlawful.

John’s legal team asked that the High Court issue a writ of habeas corpus, compelling the Commissioner of Prisons to release him immediately.

Warner also noted that while a bail application before the High Court was pending, there was no certainty John would be granted bail.

The bail hearing is set for March 15, while Warner said the electronic monitoring unit of the Ministry of National Security was assessing if John was a suitable candidate.

Attorneys Jinai Chong Sing and Rachel Wright appear with Peterson for the State.