SC Maharaj submits to judge 2011 SoE was unjustified

In his submissions to Justice Mira Dean Armorer in the San Fernando High Court last week, Maharaj said for a SoE to be declared nationally, the threat must not be to the safety of some people only, but to the citizens generally whose safety must be guarded and more than just the police service is required to do so.

Then prime minister Kamla Persad-Bissessar held an emergency cabinet meeting in August 2011 and then advised the president who, Maharaj told the judge, had to be satisfied in accordance with Section 8 (2) of the constitution which mandates that the threat to public safety was on an extensive scale.

Within days of the SoE, more than 1,868 persons were arrested by police under the Anti-Gang law which was passed mere months before in Parliament.

The majority of them were not charged with any offences but were kept at the Maximum State Prison then released after Director of Public Prosecutions, Roger Gaspard, petitioned the Magistrates Court in Port of Spain, San Fernando and Princes Town, to release the men on nolle pros applications.

“All of the detainees were arrested in Port of Spain, the environs of San Fernando and Princes Town which was indicative of the fact that the emergency situation in the country was not widespread but sporadic.” Maharaj was at the time arguing a constitutional motion filed by one such detainee, Earl Elie, who was detained for 13 days without charge and who wants the court to declare that the SoE under the People’s Partnership government, was unlawful on the ground that at the time, no public emergency existed to empower the then president to act under Section 8 (2).

The State is challenging the motion in which Senior Counsel Russell Martineau is arguing the case on behalf of the Attorney General.

Martineau began replying to Maharaj’s submissions last week.

The case continues on April 11 after which the judge will fix a date for judgment.