No State attorney assigned to diplomat’s case

SENIOR COUNSEL Rangee Dolsingh said yesterday that something “funny” was taking place as the DPP sent an attorney to prosecute two persons for trafficking cocaine, while no one was assigned to deal with the third accused, a diplomatic representative of the TT High Commission in London. Bissoon Boodhai, Micah Smith, and Kurt Alexis, appeared before Magistrate Lianne Lee Kim in the Port-of-Spain Fourth Magistrates’ Court yesterday charged with conspiracy to traffic cocaine in a pouch belonging to the Ministry of Foreign Affairs. It is alleged that during the period November 30, 2003 and May 8, 2004, in the Republic of Trinidad and Tobago and elsewhere, the three accused conspired together to traffic cocaine. Smith and Alexis are also charged with trafficking cocaine.

When the matter was called yesterday, Dolsingh appeared for Boodhai, Nathaniel King for Smith, and Maillard Howell for Alexis. State attorney Maurissa Gomez informed the court that she was assigned to prosecute the cases against Smith and Alexis. This upset Dolsingh who said that Boodhai came from England for the matter. He said he was challenging the jurisdiction where the offence was alleged to have occurred. “What is the meaning of elsewhere, can anyone tell me what is that?” he asked. Dolsingh asked the magistrate to dismiss the case, saying it has been five months since his client was charged and no State attorney had been assigned to deal with the case. “If the prosecution is serious, they can always bring it back,” he added. Dolsingh continued, “My client was charged with conspiracy. He was never here in Trinidad at the time of any offence. The case against the other two accused is for trafficking.”

Court prosecutor, acting Insp Roodal Harrilal said the complainant in Boodhai case had reported ill, but said the exhibits in the case were ready. He asked for an opportunity for the prosecution to be assigned a State attorney to deal with the matter. Magistrate Lee Kim said Dolsingh made certain submissions on the last occasion in July. She said there was no explanation and the court was informed that the matter would have to be passed over to the DPP. Dolsingh rose again, “I find it funny that the State assigned a prosecutor to deal with the two other accused persons. “What about my client who was brought down from England and charged. He is still on the diplomatic staff at the Trinidad and Tobago High Commission in England.” State attorney Gomez said the file in Boodhai’s case had not reached the DPP’s office as yet, but when it comes, she was certain that an attorney would be assigned. Magistrate Lee Kim added, “This matter came up on the 27th of July. I can’t understand why this matter is not ready. This is a serious offence,” she added. The magistrate then adjourned hearing to November 3.