$25M bail for 5 fugitives

IT WAS back and forth yesterday for five persons who appeared in the Port-of-Spain Magistrates’ Court on a provisional warrant for extradition to the United States, and in the city High Court on an indictment for trafficking $219 million worth of cocaine. Justice Herbert Volney, sitting in the High Court, granted each of the accused bail in the sum of $100,000 with a surety. But it was Chief Magistrate Sherman Mc Nicolls who dented the hopes of the accused when he acceded to the requests of their attorneys and granted each wanted fugitive $5 million bail with a surety.

This brought tears to the eyes of relatives of the five persons who were seated in the Port-of-Spain Eighth Magistrates’ Court. Mc Nicolls said the bail had to be approved by the Clerk of the Peace. Each accused must surrender his/her passport, report to the police station in their district every Monday between 6 am and midday. It was a busy day for the five accused — Ronald Rackal, Jitram Sookdeo, Hafeez Mohammed, Ramesh Doon, and Indaryartee Dwarika, as they were back and forth between the courts.

It started when a battery of lawyers turned up at the Port-of-Spain First Criminal Court. The five persons along with Andre Ravi Persad were due to go on trial yesterday for trafficking 542 kilos of cocaine at Orange Field Road in Freeport on January 22, 2001. Prakash Ramadhar, who took on the lead role of the defence, told the court that Rackal, Sookdeo, Moham-med, Doon and Dwarika were arrested by members of the Organised Crime and Narcotics Unit (OCNU) on Saturday. He said he was informed by Senior Supt Raymond Craig that the accused were under arrest. He said he was also informed on Sunday night that the five accused would be taken before a magistrate yesterday morning, but he was disappointed that none of them were present in court.

“This is a serious charge and we are ready to proceed this morning,” Ramadhar told the judge. The defence attorney said there was a provisional warrant for the extradition of the five accused. He asked the judge to send for the five accused, whom he was told were appearing simultaneously in the Magistrates’ Court. “If another jurisdiction wants audience with the accused, let them await their turn,” Ramadhar added. He said the drug case was a very simple and short matter, adding that “we are still a sovereign nation. This is nothing short of contempt.” Senior State prosecutor Jeron Joseph told the court that the five accused were arrested on Saturday on a provisional warrant issued by a magistrate. He admitted to being aware of the arrest of the persons before yesterday’s court hearing. Ramadhar said the report in the Sunday Newsday detailing the arrest of the accused was prejudicial, to which the judge noted that it was written by a “very senior and experienced crime reporter.” The judge then issued a writ of habeas corpus to bring the five accused before him.

In the Magistrates’ Court, Mc Nicolls dealt with the extradition matter. He read the five-count indictment to the accused. Ramadhar complained that this was an abuse of process. “It was like a thief in the night. The accused were arrested on Saturday and kept in custody.” Ramadhar said the accused were arrested just two days before the start of the trial. He said the preliminary inquiry was completed 28 months ago. “We all know that the trial in the High Court takes precedent over all other courts in the world.” The defence then applied for bail. State attorney David West asked for the case to be stood down to respond to the issue of bail. It was then back to the High Court where all the accused appeared. Justice Volney made it quite clear that he was not condoning the subversion of the criminal justice system by anyone from outside the country. He refrained from saying much about what had transpired over the past few days. He agreed to grant bail in the sum of $100,000 to all the accused and put the trial to begin tomorrow. While relatives started the process of getting bail for the accused, it was back again to the Magistrates’ Court for the bail hearing on the extradition proceedings.

In his opposition to the grant of bail, West informed the court of the quantum of drugs involved and the value which at its highest stood at $313.2 million. He said if the accused were granted bail, there was the likelihood they could abscond and not surrender. The defence disagreed saying the accused had appeared every time the case was called. Mc Nicolls said having regard to the quantum he was going to grant bail which would be substantial. When he announced bail in the sum of $5 million for each accused, there were raised eyebrows from the bar table, and tears from the public gallery. He then adjourned the extradition proceedings to November 10.

THE CHARGES

The Grand Jury charges that:
COUNT 1
From at least as early as on or about November 30, 2000, the exact date being unknown to the Grand Jury, to on or about January 22, 2001, in Miami-Dade County, in the Southern District of Florida and elsewhere, the defendants, RONALD RACKAL, HAFEEZ MOHAMMED and JITRAM SOOKDEO, did knowingly and intentionally combine, conspire, confederate, and agree with persons known and unknown to the Grand Jury, to import into the United States from a place outside thereof, a controlled substance.
COUNT 2
From at least as early as on or about November 30, 2000, the exact date being unknown to the Grand Jury, to on or about January 22, 2001, in Miami-Dade County, in the Southern District of Florida and elsewhere, the defendants, RONALD RACKAL, HAFEEZ MOHAMMED and JITRAM SOOKDEO, did knowingly and intentionally combine, conspire, confederate, and agree with persons known and unknown to the Grand Jury, to possess with intent to distribute a controlled substance.
COUNT 3
On or about November 30, 2000, in Miami-Dade County, in the Southern District of Florida and elsewhere, the defendants, RONALD RACKAL and JITRAM SOOKDEO, did knowingly and intentionally import into the United States, from a place outside thereof, a controlled substance.
COUNT 4
On or about December 19, 2000, in Broward County, in the Southern District of Florida and elsewhere, the defendant, RONALD RACKAL, did knowingly and intentionally import into the United States, from a place outside thereof, a controlled substance.
COUNT 5
On or about January 22, 2001, in Miami-Dade County, in the Southern District of Florida and elsewhere, the defendants, RONALD RACKAL, HAFEEZ MOHAMMED, JITRAM SOOKDEO, RAMESH DOON, and INDARYARTEE DWARIKA, did knowingly and intentionally attempt to import into the United States, from a place outside thereof, a controlled substance.