Khan: Prosecutors afraid after colleague's murder, may quit over safety

HEAD of the Criminal Bar Association Israel Khan and former senior state council Renuka Rambhajan have warned Randall Hector's murder may cause an exodus from the state prosecutor's office.

Hector, a special prosecutor with the Office of the Director of Public Prosecution (DPP), was murdered in front of his family on New Year’s Eve after attending a church on Stanmore Avenue, Port of Spain.

Hector, his wife and his two children were walking to their car when two vehicles pulled up, gunmen got out and shot Hector several times in the chest before driving off.

He collapsed on the pavement and church members took him to the Port of Spain General Hospital, where he died.

Speaking with the media after Hector’s funeral at the University of the Southern Caribbean in Maracas, St Joseph on January 9, Khan said lawyers are “taking it one day at a time” but remain concerned about their safety.

He called on the authorities to take action before a judge became the next target.

“They are killing us and he is doing nothing to stop it. You find out who is the he (who) must stop this.”

Khan said it is the responsibility of the government to protect the public, but added they were failing at it.

“Both the criminals and the victims are our people and we must do something to save them. We have to save the criminals by getting them out of the criminal ghetto they’re in. We have to save the people who they are killing by giving them sufficient protection.”

He referred to the May 4, 2014 murder of state prosecutor Dana Seetahal, who was ambushed and shot dead in her car near the Woodbrook Youth Facility while on her way home after visiting a nearby casino.

Khan said he and Seetahal were co-prosecutors on a case at the time, and, as a result, he was under police protection for two years.

He said while he no longer had any fear, he believed state attorneys might not feel the same.

“I have reached a stage where I say, ‘Que sera, sera,’  (what will be, will be) but I can't say (that) for the younger lawyers. They are fearful for their lives.”

He said state attorneys have always been uncomfortable and Hector’s death is an example of the reason they feel that way.

“They have no protection, and now what has happened? The criminals are sending a signal to the country at large that they will kill, and kill and kill again. So they are frightened. It's about 140-something of them, and they are frightened… The country is in danger.”

Khan suggested if nothing was done, it may only be a matter of time before they leave their jobs.

“They are not staying away, but they need protection. Many of them are very young. They will get out of the department and they would not want to prosecute. (The state) will have to bring foreign prosecutors who will come into the country, prosecute and just jump on a plane. This is what will have to happen.”

Rambhajan agreed there could be an exodus if not enough was done to address safety concerns.

“The majority of prosecutors are female. They are mothers with young children. This has opened their eyes to the risk that they take every single day.”

Rambhajan described Hector’s death as a tragedy and an attack on the criminal justice system.

“The first was Dana, the second was Randall. (Since) ten years ago, when comments were made when Dana died and requests were made for things to change, nothing has been done and we are here again. Do we have to wait for number three for people to get serious in this country?”

Rambhajan said the relevant authorities “refuse to see the need for real, substantive change” and accused them of not understanding the role of prosecutors in the criminal justice system.

“When I was in the DPP's office, I advocated for a risk allowance and I was asked by the Chief Personnel Officer (CPO), ‘Is getting more money going to make you safer?’

“My response to the CPO then was, ‘More money means I can afford a higher mortgage, which means I can live in a gated community where security guards can monitor who comes and goes.’”

Rambhajan added the “blame game” needed to stop and the focus should be instead on implementing real change.

Rambhajan  did not, however, support Khan’s suggestion of hiring foreign prosecutors, adding jury trials required a cultural understanding.

Rabhajan said there were many people just like her who were willing to offer their expertise for free.

“I do think, though, if we want to make a dent in the criminal justice system, we need to properly resource the DPP's office. Get attorneys, not just new attorneys, but experienced attorneys who are perhaps former prosecutors, to come in and assist.”

State attorneys refused to appear in court after Hector's murder, but on January 5, Commissioner of Police Erla Harewood-Christopher said police were working on providing key criminal-justice stakeholders with additional security.

Safety concerns among members of the judiciary were then ramped up this week after a social media influencer called on judges and magistrates to be executed.

In the video posted to TikTok on January 4, the man is heard saying, “Allyuh don’t stop killing. This is the war that we needed. If the magistrates or judges decide to arrest me, I want you all to target their families. I want you to target their homes. Execute them!”

Although the man has since been arrested, this has done little to quell their fear.

On January 7, Minister in the Ministry of National Security Keith Scotland met with Chief Justice Ivor Archie, who then met with judiciary officials, including judges, magistrates and High Court Masters, to discuss their security concerns.

They were reportedly told it was not possible for security details to be provided for all judicial officers.

They were instead advised to be vigilant of their surroundings and change their routes to avoid being predictable.