Dana Seetahal murder accused challenges DPP over slow case progress

MURDER accused Rajaee Ali has been permitted to challenge the Director of Public Prosecution (DPP) failure to file an indictment for him to face trial for the murder of former independent senator and special prosecutor Dana Seetahal, SC.

Justice Carol Gobin granted Ali's application on March 14.

Ali’s application said, “To date, no indictment has been filed. No decision has been made by the DPP regarding the prosecution of the matter…”

Ali’s attorneys Criston J Williams and Aaron, in the March 13 application, complained of the unlawful and unreasonable delay in filing an indictment that would allow him and others to stand trial.

They argued his constitutional rights were violated due to nearly a decade of incarceration without trial, including four years and seven months since committal proceedings ended in 2020.

In an affidavit, Ali said, “Each day, I find myself trapped in this prison, where the harsh, fluorescent lights flicker overhead, casting an unyielding glare on the bare, concrete walls. It feels like an endless cycle, where every moment melts into the next, creating a blur of monotony.

“I can't shake the suffocating sensation of time slipping through my fingers like sand. It feels as though I am slowly wasting away, quietly lingering in hope, yearning for a change to break this relentless routine.

“I feel neglected… I am frustrated by the slow pace. I feel invisible, and it drives me crazy. I know others share this feeling, but it often seems like I'm alone. My days are full of frustration and helplessness, and I'm losing hope that this nightmare will end. Each day, it feels like the walls are closing in on me.

“The prosecutor's role is not about winning or losing; it is a public duty that carries the highest personal responsibility. In everyday life, there is no greater responsibility than this. It must be carried out with efficiency, a strong sense of dignity, and a commitment to fairness and justice in the judicial process.”

Ali’s lawsuit demands that the DPP provide a clear determination on whether an indictment will be filed against him, or if the matter will be discontinued.

Ali’s attorneys argued that the DPP’s inaction contradicts Section 90(3)(b) and (c) of the Constitution, which gives the DPP the power to proceed with or discontinue criminal cases.

The application said under the Indictable Offences (Committal Proceedings) Act (IOCPA), the DPP is expected to act within a reasonable time. Yet, no progress has been made on Ali’s case, the application contends.

His attorneys also argued that prolonged delay breached multiple sections of the Constitution and contravened the Criminal Procedure Rules 2023.

Ali’s attorneys also raised concerns about the DPP’s failure to respond to a Freedom of Information Act (FOIA) request submitted on December 20, 2024. The request sought clarification on the legal status of his case and the reasons for the delay in filing the indictment. The DPP acknowledged receipt on January 3, but has not responded.

The application said a follow-up letter on January 29, also went unanswered.

Ali's lawsuit wants an order to compel the DPP to provide an update on the case in seven days and say if an indictment will be filed or if the matter will be discontinued.

It also seeks an explanation for the prolonged delay in filing the indictment and a decision on the FOIA request and a declaration that the delay is unlawful and violates his constitutional rights.

In a certificate of urgency, Lewis said the matter was of extreme urgency since the prolonged uncertainty had severely impacted Ali’s mental and emotional well-being. The lawyer described the ten-year delay as presumptively prejudicial, and has frustrated Ali’s ability to defend himself.

Also filing a similar application was Earl Richards, one of the nine other men also committed to stand trial for Seetahal’s murder.

In May 2024, DPP Roger Gaspard, SC, fired back in what appeared to be a back-and-forth between his office and the Judiciary on the case.

Gaspard’s response followed a statement from the Judiciary, insisting it fulfilled its obligation under the IOPEA by delivering the 8,100-page committal bundle electronically via file transfer protocol (FTP) on December 20, 2023, and January 5, 2024.

Gaspard had confirmed that he had received the necessary documents to proceed with the case. But, he said it was not in the required format under the IOPEA.

Gaspard insisted sections 25 to 27 of the IOPEA did not allow him to file a valid indictment based on electronic copies alone.

“The documents comprising more than 8,100 pages could surely have been more easily secured in a few bankers’ boxes and transmitted to this office in the three years and five months that it has taken to provide an electronic copy,” he said.

Also charged with Seethal’s murder are Ali’s two brothers, Ishmael and Hamid, Devaughn Cummings, Ricardo Stewart, Gareth Wiseman, Kevin Parkinson, Leston Gonzales and Roget Boucher.

Stephan Cummings was discharged of Seetahal’s murder in December 2017, after the DPP exercised powers under section 90(c) of the Constitution and discontinued proceedings.

Instead, Cummings was charged with conspiracy to murder and became a state witness against his brother and the others. Seetahal was shot dead on May 4, 2014, in Woodbrook as she made her way home.

Ali and some of the other men also face separate charges of being members of a gang.