Three cops hauled before court for contempt

Justice Carol Gobin yesterday granted leave to Levon Julien, of Las Alturas, Morvant, who spent ten days in police custody before he was eventually released by police at the same time they were ordered by Justice James Aboud to bring him to court on December 24, 2016.

Gobin also granted Julien permission to add the three police officers - Inspector Harvey Jawahir of the Port of Spain Criminal Investigations Department, PC Stephen Smith of the Homicide Bureau and PC Hercules of the Central Police Station in Port of Spain - as defendants in the contempt proceedings.

Julien is represented by attorneys Darrel Allahar, Chase Pegus and Ajay Babal.

In the ex-parte application for leave yesterday, Allahar argued that the police officers disobeyed Aboud’s orders that Julien be brought to the court, on two occasions, to give effect to the writ of habeas corpus order which was granted on December 23, 2016.

Julien was arrested by police on December 13, 2016, on murder inquiries.

Allahar said the matter was being brought in the public’s interest as it was important to obey the court’s orders.

He said by disobeying and obstructing the order of Justice Aboud, the officers frustrated the process with impunity and should be held in contempt.

The lawyer also referred Gobin to Aboud’s overtures to attorneys to pursue inquiries into the matter after he was forced to telephone the police station to enquire why Julien was not being brought to court as ordered.

Aboud had first issued an order that Julien be brought to the court at 11 am on December 24, 2016, but had been told by Smith that the suspect was being taken on an identification parade.

He then ordered that Julien be brought at 12.45 pm, and was forced to make the telephone call to the police station at which time he was told by Hercules that the suspect had been released.

Allahar also quoted from affidavits in support of the contempt proceedings which spoke of the reluctance of Hercules to accept the court’s second order at the Central Police Station. The lawyer said they were instructed by the judge to deliver his order, in person, to the police station but Hercules allegedly refused to accept it saying they had it since the day before.

Aboud’s telephone conversation with the officer at the station was recorded and forms part of the application for contempt.

“The police knew there were orders of the court,” Allahar said.

The contempt proceedings have been adjourned to March 10