Senior Reporter
derek.achong@guardian.co.tt
Police officers in Tobago have been ordered to take the necessary steps to ensure that a man from Roxborough, accused of sexually touching a seven-year-old girl, appears in court.
High Court Judge Frank Seepersad made the order on Tuesday as he upheld a habeas corpus lawsuit brought by the mother of the man, who cannot be identified as he is yet to appear in court.
In the lawsuit, the man’s mother challenged the failure of police officers to take him before a High Court Master after he was detained under two arrest warrants on March 30.
When the case came up for virtual hearing on Tuessday morning, T&T Police Service (TTPS) legal officer Anya Ramute-Mohan admitted that the delay was due to the warrants being issued before the proclamation of the Administration of Justice (Indictable Proceedings) Act 2011 in December last year.
She claimed that police officers attempted to make court filings to facilitate the man’s court appearance and corresponding bail application but were unable to do so based on the provisions of the legislation.
Justice Seepersad said the legislation, which seeks to reduce a backlog of cases in the criminal justice system by replacing preliminary inquiries for serious criminal offences with sufficiency hearings before a High Court Master, was laudable.
However, he suggested that delays such as the one experienced by the man undermined the new procedure.
“These systems are meant to address delays but the price of progress cannot occasion unacceptable constraints on a citizen’s rights,” he said.
“You do not want a situation where a citizen is apprehended on a warrant and then you have to sort out what happens next,” he added.
Justice Seepersad recommended that training on the new legislative provisions be provided to police officers and a review of similar warrants to the ones against the man be conducted.
“Legislative intervention will take time. The Office of the Commissioner holds responsibility for the conduct of individual police officers who carry out their respective mandates,” he said.
“The new process is still in the teething stage, but as those issues are worked out, the court has a responsibility to ensure the rights of citizens are not compromised.”
Ramute-Mohan acknowledged Justice Seepersad’s suggestions, as she noted that some have already been implemented.
“We have been facilitating training sessions with officers. We are trying our best but it is an ongoing process,” she said.
As part of his decision in the case, Justice Seepersad ordered the TTPS to pay the $4,000 in legal costs incurred by his family in pursuing the case over his protracted detention.
The man was represented by Asante Caruth, while Chantal Forniller appeared alongside Ramute-Mohan for the TTPS.