Scarborough magistrate dismisses immigration charges against 23 foreigners

A Scarborough magistrate has dismissed criminal charges against 23 foreign nationals who were detained during a high-profile exercise in Tobago in June 2024.

Police and immigration officers had detained 32 foreigners, and a 35-year-old from Tarodale, during “Operation Slam” at the Chill Out Bar in Crown Point, Tobago.

On June 16, Magistrate Nikolas Ali upheld defence submissions that the immigration charges against 23 ­– primarily Venezuelans and Dominicans – were statute-barred under the Immigration Act.

The group were charged for allegedly entering Trinidad and Tobago at a place not designated as a port of entry and failing to report to immigration authorities.

At a previous hearing, the prosecution agreed with defence attorney Yves Jacques Nicholson’s submissions on time limits, and Ali gave the prosecution time to discontinue the matters, warning that if they failed to do so, he would rule on the case.

At the June 16 hearing, Nicholson argued that the prosecution had not advanced any legal basis to justify the continuation of the matter, nor were instructions obtained from the Office of the Director of Public Prosecutions, after repeated adjournments. He refused to agree to a further adjournment, saying, “Whether this matter ends by way of discontinuation or ends by way of dismissal, it ends.”

Nicholson referred to a 2024 ruling which held that proceedings under section 40(a) of the Immigration Act must be initiated within three years of the alleged entry and failure to report. He said failing to specify the date of entry on the complaint would be fatal to the prosecution’s case.

In deciding the case, Ali agreed it would be inappropriate to grant a further adjournment, especially when the prosecution agreed with the defence’s submissions. He also noted there was no need for the DPP’s office to get involved, given the police’s position.

“I think at some stage, the opportunity given to be heard must expire. It cannot continue, and it will not be on record that the court did not allow the prosecution the ability to seek advice… That was allowed since April of this year. We are now in the middle of June.”

He also noted it was only two weeks ago that the files were submitted to the DPP’s office by the police’s prosecution team.

“And, and no word forthcoming coming at this stage. I think it just has the cause of delaying the proceedings of all stakeholders involved,” Ali said.

“The matters…are all dismissed,” he ruled.