Man spends two extra months in jail

AN apparent mix-up between Ainshan Ali and Inshad Ali resulted in the latter spending an additional 64 days in jail. Yesterday, a High Court judge ordered the release forthwith of Inshad Ali, who served additional days in prison in the belief that Inshad was another person. Justice Gregory Smith in the San Fernando First Civil Court heard a habeas corpus application on Inshad’s behalf in which he contended that on October 22, 2003, he was convicted in the San Fernando Magistrates’ Court and sentenced to six months in jail.

His attorney Dexter Bailey, submitted to the judge that he was due to be released on January 21, but was not. In the motion, Inshad stated he was informed by the Prison Authority that he was not being released because he was told that he was wanted on two outstanding warrants at the Princes Town and San Fernando courts respectively. The motion stated further that Inshad was taken to the Princes Town Magistrates’ Court on January 23 where the police informed the magistrate that he was not the individual to whom the charge related. Bailey submitted to the judge that after several appearances in the San Fernando Magistrates’ Court, on March 11, the magistrate was informed by the police court prosecutor that Inshad was not the person listed on the warrant to be charged with the offence. The person that was supposed to have appeared on that charge was in fact, Ainshan Ali. 

In his motion, Inshad stated: “The courts in San Fernando and Princes Town are aware that I am not the Ainshan Ali who is being sought, yet still I am not being released.” Bailey submitted to the judge that the continued detention of Inshad was unlawful. Attorney Neil Byam, representing the State,  informed the judge that while he was yet to be fully instructed in order to determine the status of Inshad, he was convinced from the information he had that the wrong man was in custody. The judge ordered that Inshad be released yesterday.