Senior Reporter
derek.achong@guardian.co.tt
Kaia Sealy has been granted $700,000 bail and permitted to travel back and forth to the United States to continue medical treatment while her criminal case related to a fatal police-involved shooting in January is before the court.
Sealy, a hair stylist from Mendez Drive, Champ Fleurs, was granted bail when she appeared virtually before High Court Master Nazeera Ali from the Tunapuna Police Station yesterday morning.
Guardian Media understands that Sealy was expected to access the bail late yesterday evening, after her relatives presented the necessary documentation for verification and processing.
Sealy’s court appearance came hours after she voluntarily returned from the US to face the charges. (See other story)
Dressed in a grey hoodie with the hood down, Sealy, a 25-year-old mother of a five-year-old child, sat silently throughout the hearing, which lasted a little over an hour. She only spoke when asked by Master Ali to confirm her current condition.
“I am okay. I would have to have my catheter removed by a doctor or nurse,” Sealy said.
During the hearing, Master Ali read eight criminal charges that arose from a controversial police-involved shooting at the corner of College Road and Bassie Street Extension, St Augustine, on January 20.
She was charged with unlawfully killing her partner Joshua Samaroo (manslaughter); shooting at police officers Quincy Simon, Daryl Bartholomew and Gary Duncan with intent to cause them grievous bodily harm; possession of a Glock pistol and two rounds of ammunition; possession of a firearm with intent to endanger life; and discharging a firearm within 40 metres of a public road.
Sealy was not called upon to plead to the charges, which were laid indictably.
Police prosecutor Anthony Jacob did not object to bail for Sealy, based on her having a clean criminal record before being charged in relation to the incident.
He also considered submissions from Sealy’s lawyers, Larry Williams and Fayola Sandy, who said their client had to return to the US periodically to continue treatment and rehabilitation for injuries she sustained in the incident, which has left her a paraplegic.
Williams and Sandy provided documentation of her scheduled medical appointments, including one later this month for her to be fitted for a custom wheelchair. They also provided an address in Boston, Massachusetts, where Sealy would stay when she goes to continue treatment.
In granting Sealy bail, Master Ali directed that she provide the court and the police with details of her travel arrangements a week before she plans to leave Trinidad.
Master Ali also set deadlines for the filing of evidence and witness statements against Sealy and set her sufficiency hearing for October 22. A status hearing to confirm that the deadlines are met was scheduled for October 8.
At the start of the hearing, Williams raised concerns over how Sealy was treated upon her return to Trinidad.
He said while the police had previously agreed that she would be allowed to be examined by a doctor before surrendering to them for the hearing, she was instead arrested at the Piarco International Airport and taken to the Arouca Police Station. He said she was placed in an unsanitary cell despite concerns raised over her medical condition.
“They (the police) did not even have hand sanitiser,” Williams said.
Jacob apologised, as he claimed that the plan had to be changed after senior police officers stated that the summons under which she was notified of the charges was not served within the required time because she was abroad. He said they decided to arrest and charge her immediately upon her return home, as they were concerned the summons may be challenged due to the issue of late service.
Asked to summarise the evidence against Sealy, Jacob stated that the State would be relying on 30 witnesses and exhibits, including a gun, two rounds of ammunition and three spent shells that were allegedly found in the couple’s car after the shooting. He claimed that the spent shells were linked to the gun allegedly found in the car through ballistic testing.
He requested a month for the case file to be transferred to the Office of the Director of Public Prosecutions (DPP) for a State prosecutor to be assigned.
Jacob also noted that Sealy refused to give an intimate DNA sample for testing upon her arrest and indicated that an application would be made for her to be ordered to comply. He claimed that investigators needed to compare her DNA to samples collected from the car.
Williams claimed that his client was concerned that the sample may be improperly used to bolster the evidence against her and would await the written application from prosecutors. He also questioned why the testing was necessary.
“What is it to be compared against?” Williams said.
“Why would you need her DNA to compare with blood when there is no issue that she was in the car?” he said.
