Nisi Order granted Dataram in 1st Habeas Corpus
- Commissioner of Police to show cause on October 23
JUSTICE Roxanne George yesterday granted a Nisi Order calling on the Commissioner of Police to show cause why Barry Dataram was arrested on October 4 and detained to Oct 7 for allegedly breaching a court order.
This followed extensive arguments by Dataram’s counsel Mr. Vic Puran and Mr. Glenn Hanoman claiming that the arrest of Dataram on that date was unlawful, since the breaking of a court order was not an offence known to law.
In relation to the second Habeas Corpus motion #233. 2008, the lawyers for Dataram submitted that that Provisional Warrant for arrest relative to the extradition request by the United States was unlawful, since it was based on inadmissible and hearsay evidence. The Attorney General who was present entered appearance and asked for an opportunity to be heard at that stage.
Mr. Puran, objecting, said the AG was not entitled to be heard since the matter before the Court was ex parte and not inter partes.
Puran however said that he would not object to the Attorney General appearing as a friend of the Court.
The AG contended that he had a right to be heard even at that stage and applied for leave to produce authorities which give him that right.
The matter was adjourned to today at 11 a.m. when the authorities are expected to be presented by the Attorney General.
No Comments