Latest update March 29th, 2024 12:59 AM
Oct 14, 2008 News
The judicial hearing into the “unlawful detention” of Barry Dataram continued yesterday before Justice Roxanne George-Wiltshire at the High Court, and the defence sought an Order Nisi.
And while the arguments continued, the detainee was seen nodding off in the docks.
Vic Puran, the lead defence counsel, explained that the application is in relation to the unlawful detention of his client, Barry Dataram, who has been incarcerated since October 4, 2008.
He further told the court that his client had been in custody of the Guyana Police Force when that order was initially filed.
Dataram has been arrested for breaching a court order that was granted by Justice Jainarayan Singh in January.
There is no offence in law as the “breaching of a court order,” Puran said.
Puran further told the court that if one were to “assume” that Dataram breached the court order, the police have no right to arrest him on those grounds.
A supplementary affidavit presented by Prosecutor Sonia Joseph, when she appeared before Magistrate Hazel Octive-Hamilton, stated that the accused was in custody because he had breached a court order granted by Justice Jainarayan Singh.
According to the order, Dataram was to have reported to the police station on Mondays and Fridays, as directed by the Commissioner of Police.
Puran noted that the court would be acting in vain, because the Commissioner of Police has to show just cause why Dataram is in custody.
“The court must examine if the detention is lawful or unlawful.”
The Attorney General, at this point, said that the (Order Nisi) application was made as a result of certain steps taken. He further told the court that the Order Nisi has not been granted and that the judge cannot rule on the matter.
Puran added that he and attorney-at-law Glen Hanoman went to the Brickdam Police lockups to hold “communication” with their client, but were denied the privilege.
Vic Puran then told the court that he is dealing with a provisional warrant granted by Magistrate Hazel Octive-Hamilton.
He noted that inquiries can be made of the Magistrates’ Court about the provocative writ, the writ of right, the writ of cause, and these would all depend on the legality.
Puran further told the court that the magistrate had no jurisdiction to issue the provisional warrant. The magistrate would have had to show evidence and provide information to the provisional warrant.
“All documents tendered were “hearsay” to secure the warrant. The magistrate’s actions can be viewed as an error to the law, when acting on the provisional warrant.”
The matter was adjourned to today.
THIS IDIOT TELLING GUYANA WE HAVE NO SAY IN THE 50% PROFIT SHARING AGREEMENT WE HAVE WITH EXXON.
Mar 29, 2024
By Rawle Toney Kaieteur Sports – After a series of outstanding performances in 2023, Tianna Springer, dubbed the ‘wonder girl’, is eagerly gearing up to compete in this year’s...Kaieteur News – Good Friday in Guyana is not what it used to be. The day has lost much of its solemnity. The one day... more
By Sir Ronald Sanders Kaieteur News – In the face of escalating global environmental challenges, water scarcity and... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]