Attorney: Soldiers’ detainment is lengthy and unreasonable

Merritt raised the issue at a hearing before High Court Judge Justice Joan Charles two days after granting a writ of habeas corpus instructing the Defence Force to release the soldiers. Merrit said while he understood the need for military investigators to establish a board of inquiry and interview witnesses, it did not negate the fact that his clients were also entitled rights under the Constitution.

“Keeping someone 18 days without any actual charge was unreasonable,” he said.

“They are saying their investigation process, because they have 26 witnesses to take statements from, is what kept them from doing anything further.

“They said they were awaiting the chance to convene a board of inquiry but our position is that the board of inquiry does not negate the process of letting the men have their liberty.” Merritt said the men were not allowed to communicate with their attorneys during the period of their detainment and this amounted to a violation of his clients’ Constitutional rights.

“They also said they had warrants to execute at banks but I don’t understand how keeping my clients inside would affect that.” Ravi Rajkumar, attorney for the Defence Force, said the matter was one for internal investigations and felt the court should not interfere in the proceedings.

However Charles told Rajkumar while the soldiers may be subject to military law, they were still citizens of this country and are granted certain rights under the Constitution.

Hearing of the matter continues today.