[UPDATED] Judge quashes search warrant against THA Deputy Chief Secretary

Tobago House of Assembly (THA) deputy Chief Secretary Dr Faith Brebnor has been successful in her lawsuit against the state over a police search warrant obtained as part of an alleged fraud probe into her and other THA members.

Justice Frank Seepersad ruled in Brebnor’s favour on April 9. The judge presided over Brebnor’s judicial review claim against the Police Commissioner and magistracy registrar Jameel Watch, who issued the warrant.

Although dismissing the case against the commissioner, Seepersad said the registrar’s decision to issue the warrant was flawed, defective and not based on reasonable ground that it could have yielded evidence against Brebnor.

“Given that the caimant was at the material time an elected official, the second defendant simply had no information before him which could have reasonably led him to form the belief that the execution of the search warrant could have yielded material evidence or relevant information which was capable of establishing that she was hired by the THA with the use of state funds as part of a propaganda machinery or that she, in the capacity as a THA employee, was likely involved in a conspiracy to defraud the state,” the judge said.

Contacted after the court’s ruling, Brebnor expressed gratitude to the court for the “vindication” of her rights.

“The court was also emphatic that it could be inferred that the issuance of the warrant lent itself to concerns that a basis other than one which was reasonable and lawful existed, and influenced the grant and execution of the warrant.

“While the claim against the Commissioner of Police was dismissed, the court did not absolve the investigators and officers who swore and pursued the warrant.”

Brebnor filed a judicial review claim in January 2024, challenging the validity of the warrant obtained by Insp Veneta Weaver-Ali under the Interception of Communication Act.

According to her lawsuit, on July 17, 2023, a warrant was served on her at her home at 5.35 am. The application said the warrant contained an allegation that she was suspected of committing a conspiracy to defraud the state.

The application further said the conspiracy disclosed by the warrant – referred to as the Windward warrant – allegedly disclosed that the assembly had hired Brebnor from November 2021 to the present and paid her state funds "for the sole purpose of carrying on an alleged propaganda machinery.”

Her lawsuit asked for the warrant to be quashed, which the judge granted. In his ruling, Justice Seepersad strongly criticised Watch’s issuance of the Winward warrant against Brebnor.

“The particulars as outlined in the Windward warrant defied reality and cannot be viewed as a mere misstep, nor can they be conveniently dissected.

“There was simply no correlation between the reality of the claimant’s elected status and the positions outlined in the Windward warrant,” the judge said.

In finding fundamental errors in the warrant, Justice Seepersad noted that Watch had no information to reasonably believe that the warrant’s execution would unearth evidence to support the charge.

The judge also dismissed the state’s contention that the reference to Brebnor as someone “employed or hired” by the THA was not a fundamental error, saying that position was “disingenuous, deeply disturbing and devoid of merit.”

He also held that the police investigator failed to present material to support the allegation when approaching Watch for the warrant, which, he said, required caution, especially considering the political sensitivity of the matter.

“The matters which the investigator were investigating had significant political implications and, as pointed out earlier, the issue was well entrenched in the public domain long before the warrant was issued.

“In the circumstances, the investigator did not comply with the expectations placed upon her shoulders which required her to exercise heightened caution, display impartial professionalism and maturity so as to protect the integrity, independence and impartiality of the TTPS (TT Police Service).”

However, he faulted Watch for approving the warrant without adequate supporting evidence.

“The second defendant also acted irresponsibly and inappropriately as he had before him no material which was capable of providing any objective justification for the issuance of the warrant.

“The course which was adopted has instilled a discernible degree of disquiet in this court’s mind.

“There was an absolute absence of information which was capable of supporting any reasonable belief that the claimant was employed by the THA, that she was paid with state funds or that this was done in an attempt to defraud the state.

“As a consequence, the issuance of the Windward warrant was devoid of reasonableness, rationality and/or justification.

“Regrettably, the course which was adopted by the investigator and the second defendant can lead to an inference that the decision to issue the Windward warrant may have been influenced by interests other than those which were aligned with the intent of securing the ends of justice.”

Justice Seepersad said the police had to fiercely guard their independence.

“This is best done when the letter of the law is followed and investigations are pursued with care, caution, fairness and absolute objectivity mindful that the obligation to protect and serve does not include any mandate which requires the advancement of politically motivated agendas.

“If such a stance is not adopted, the rule of law will be undermined and nothing but chaos will ensue.

“Those who are entrusted with the power to issue search warrants must never lose sight of the fact that the issuing and execution of the same impinge upon and interfere with the fundamental rights of citizens, and they should be only issued after careful thought and mature deliberation.

“It must also be remembered that any attempt, whether real or perceived, to interfere with or influence prosecutorial conduct and/or the exercise of judicial authority has no place in this republic and any such attempts should always be resisted and rejected.”

In her lawsuit, Brebnor contended the Windward warrant was one of multiple warrants issued against members of the THA and people connected to the assembly as part of an investigation which was “unavoidably coloured in politics.”

Her lawsuit also said the warrants were raised at a special plenary session on July 19, 2023, when THA Chief Secretary Farley Augustine addressed the audio recording and the police searches and displayed some of the warrants and a production order that sought employment, accounting and internal documents from the chief administrator.

Augustine, whose home was also searched, also addressed a separate audio-visual recording of so-called whistleblower Akil Abdullah accusing government and police officials of orchestrating a plot to undermine the current administration in Tobago.

In the recordings, Abdullah initially claimed to have been offered $270,000 in a meeting with government officials to “destroy” Augustine and other THA officials.

In an about-turn, Abdullah allegedly said the entire plot was a farce less than a month later.

In August 2023, Education Secretary Zorisha Hackett and THA employee Kevon Mckenna were charged by the police White Collar Crime Unit for allegedly defying an order of the court by failing to disclose pertinent information on the controversial tape.

The Integrity Commission also launched a probe after an anonymous complaint was lodged with the commission under Section 32 of the Integrity in Public Life Act.

In his ruling, Justice Seepersad noted, “If Akil Abdullah's subsequent information is accurate and he had met with the then prime minister and the investigator before the warrant was issued, such a scenario must be condemned.”

In explaining why he dismissed the case against the CoP, the judge said the investigator’s actions could not be attributed to the top cop.

He said to do so would open the floodgates. He said the power to obtain a search warrant was not exclusive to the commissioner but is vested in all police ranks.

Justice Seepersad also declined to make a declaration on a breach of Brebnor’s constitutional rights since the Attorney General was not a party to the lawsuit.

Watch was ordered to pay Brebnor’s costs, while the judge made no order for her to pay the commissioner’s costs.

Attorneys Christlyn Moore, Joshua Hamlet and Adanna Joseph-Wallace represented Brebnor.

Senior Counsel Russell Martineau, Dominique Martineau, Lianne Thomas, and Murvani Ojah-Maharaj represented the commissioner. Michael Quamina, SC, and Chelvi Ramkissoon represent Watch.

This story has been adjusted to include additional details. See original post below.

Tobago House of Assembly (THA) deputy Chief Secretary Dr Faith Brebnor has been successful in her lawsuit against the State over a police search warrant obtained as part of an alleged fraud probe into her and other THA members.

Justice Frank Seepersad ruled in Brebnor’s favour on April 9. The judge presided over Brebnor’s judicial review claim against Erla Harewood-Christopher, as Police Commissioner at the time and magistracy registrar Jameel Watch, who issued the warrant.

Although dismissing the case against the commissioner, Seepersad said the registrar’s decision to issue the warrant was flawed, defective and not based on reasonable ground that it could have yielded evidence against Brebnor.

“Given that the claimant was at the material time an elected official, the second defendant simply had no information before him which could have reasonably led him to form the belief that the execution of the search warrant could have yielded material evidence or relevant information which was capable of establishing that she was hired by the THA with the use of State funds as part of a propaganda machinery or that she, in the capacity as a THA employee, was likely involved in a conspiracy to defraud the State,” the judge said.

Brebnor filed a judicial review claim in January 2024, challenging the validity of the warrant obtained by WPC Weaver-Ali

According to her lawsuit, on July 17, 2023, a warrant was served on her at her home at 5.35 am. The application said the warrant contained an allegation that she was suspected of committing a conspiracy to defraud the state.

The application further said the conspiracy disclosed by the warrant – referred to as the Windward warrant – allegedly disclosed that the assembly had hired Brebnor from November 2021 to the present and paid her state funds "for the sole purpose of carrying on an alleged propaganda machinery.”

Her lawsuit asked for the warrant to be quashed, which the judge granted.

Brebnor contended the Windward warrant was one of multiple warrants issued against members of the THA and people connected to the assembly as part of an investigation which was “unavoidably coloured in politics.”

Her lawsuit also said the warrants were raised at a special plenary session on July 19, 2023, when THA Chief Secretary Farley Augustine addressed the audio recording and the police searches and displayed some of the warrants and a production order that sought employment, accounting and internal documents from the chief administrator.

Augustine, whose home was also searched, also addressed a separate audio-visual recording of so-called whistleblower Akil Abdullah confessing to being coerced to accuse the central government of orchestrating a plot to undermine the current administration in Tobago.

In the recordings, Abdullah initially claimed to have been offered $270,000 in a meeting with government officials to “destroy” Augustine and other THA officials.

In an about-turn, Abdullah allegedly said the entire plot was a farce less than a month later.

In August 2023, Education Secretary Zorisha Hackett and THA employee Kevon Mckenna were charged by the police White Collar Crime Unit for allegedly defying an order of the court by failing to disclose pertinent information on the controversial tape.

The Integrity Commission also launched a probe after an anonymous complaint was lodged with the commission on June 3 under Section 32 of the Integrity in Public Life Act.

Brebnor represented by Christlyn Moore, Joshua Hamlet and Adanna Joseph-Wallace.

Senior Counsel Russell Martineau, Dominique Martineau, Lianne Thomas, and Murvani Ojah-Maharaj represent the commissioner. Michael Quamina, SC, and Chelvi Ramkissoon represent the JP.