Attorneys to petition High Court

Attorneys for two of the men - led by attorney Wayne Sturge - are expected to file an application seeking to have the protracted magisterial proceedings stayed on the grounds of abuse of process, while attorneys for the other three are expected to file an application calling on the High Court to review a delay by the Director of Public Prosecutions to give a decision on the way forward in the prosecution of the cases. Attorney Joseph Sookoo who held for Sturge, yesterday informed acting Chief Magistrate Maria Busby Earle Caddle that an application was expected to be filed to have the protracted inquiry stayed on the grounds of abuse of process and delay.

Attorney Criston J Williams, who appeared for the three other accused, also intends to file a separate action but told Earle Caddle he is still awaiting a response from DPP Roger Gaspard, SC, on a letter sent in May, suggesting Gaspard bypass the preliminary inquiry (PI) stage and send matters directly to the High Court or discontinue them altogether.

Chicki Portello, Kareem Gomez, Levi Joseph, Anthony Charles and Israel “Arnold” Lara are charged with murder and are before Earle Caddle in the Port of Spain Eighth Magistrates Court.

Williams has also quoted and forwarded correspondence from the Chief Justice’s Chambers to Law Association president Douglas Mendes, SC, on May 31, on the Ayers-Caesar matter and one day before a vote of no confidence in CJ Ivor Archie and the Judicial and Legal Service Commission members was passed by the association.

Addressing acting Chief Magistrate Earle Caddle yesterday, an attorney from the DPP’s office submitted that the DPP’s objection to her aborting the matters and order that they be restarted, was still being maintained.

The prosecutor added there was still no factual information on the former chief magistrate’s status and the DPP had formed the opinion that the public utterances on the issue were sufficient for him to invoke his powers under the Indictable Offences (Preliminary Enquiry) Act.

The matter was adjourned to August 29, when Earle Caddle said she expects to have an official response from the DPP on his position. She also informed Sookoo that his legal team had until that date to file whatever application they intended to in the High Court.

At yesterday’s hearing, the men maintained their silent protest by wearing matching black t-shirts with messages calling for their freedom written in white. Also wearing the same t-shirts were their family members who sat in the public gallery.

Ayers Caesar resigned as a judge on April 27 after she was elevated the high court on April 12. She has since filed a lawsuit against the State and the JLSC, claiming she did not resign voluntarily but was forced to do so because of the discrepancy in the number of part-heard matters she still had.