- NEWSDAY.CO.TT - A la Une - 22/Jul 22:06

Another SoE detainee challenges move from Arouca Prison

A High Court judge has approved an order for the state to grant immediate virtual access to inmate Earl Richards and physical access within 72 hours. Richards, a remanded prisoner who was moved from the Maximum Security Prison in Arouca under emergency powers, filed for judicial review. His attorneys argue the transfer breached his constitutional right to communicate with legal counsel. Richards is among ten men charged with the murder of special prosecutor Dana Seetahal, SC. He is also accused of being a gang member Justice Westmin James approved the order on July 22. It came after attorneys for the state expressed reservations to facilitate an in-person visit because of national security issues. Anand Ramlogan, SC, who along with Senior Counsel Pamela Elder for the Attorney General general and the Commissioner of Prisons, told the court the state had no objection to facilitating a virtual meeting but said in-person access required logistical planning because of national security concerns. He read from President Christine Kangaloo’s proclamation declaring a state of emergency, citing threats to public safety on a “scale likely to endanger the public.” Richards’ attorney, Criston Williams, argued an in-person meeting was vital to assess his client’s psychological condition, adding he was “not comfortable” with a virtual meeting. Ramlogan noted that virtual sessions were standard for prisoners and that even trials were conducted virtually, with judges able to assess demeanour and attitude. He added that Richards was not disadvantaged, as he had been able to give instructions for the judicial review. After discussions, the parties agreed to a position and the judge approved a consent order providing for both forms of access. Richards was among several remanded inmates relocated from the Maximum Security Prison in Arouca under emergency powers, moves authorities say were needed to counter threats from criminal networks operating inside prisons. Attorney Aaron Lewis, who represents Richards with Williams of Quantum Legal, stated in an affidavit that he tried to meet his client at the prison on July 18 but was told Richards had been transferred earlier that day without notice. Lewis said later reports indicated Richards was being held at Teteron Barracks in Chaguaramas. He said multiple e-mails to the Commissioner of Prisons and the Minister of Homeland Security seeking clarification went unanswered. The application seeks an emergency court order compelling prison authorities to disclose Richards’ location and grant immediate access to his lawyers. Richards, who has been on remand since 2015 on murder and gang charges, is also requesting a declaration that the transfer was unlawful. Lewis argues that moving Richards to what may be classified as a “district prison” is outside the law because Richards has not been convicted of any offence. The affidavit further claims that preventing his attorneys from meeting him breaches Section 5(2)(c)(ii) of the Constitution, which guarantees the right to legal advice without delay. The legal action comes amid a state of emergency declared July 18 by President Christine Kangaloo. Richards’ team says confirming his location is critical to ensuring he has not been subjected to unauthorised punishment and that his due process rights are upheld. “Prisoners are entitled to all fundamental rights consistent with their incarceration, and the legal regime of prisons is as much subject to constraints of legality and constitutionality. Lewis said an audience with Richards was “imperative to also know if he has been punished.” Richards’ co-accused Rajaee Ali also filed legal action against the state challenging his detention at Teteron Barracks, Chaguaramas. He will be allowed access to his attorneys at a virtual conference on July 22. The post Another SoE detainee challenges move from Arouca Prison appeared first on Trinidad and Tobago Newsday.