Check your facts media

THE EDITOR: I wish to refer to certain articles in the Trinidad and Tobago print media on Saturday December 18, 2004, referring to the failure of counsel representing the requesting state (The United States of America) to attend an application for bail before Justice Paula Mae-Weeks on Friday December 17, 2004 relating to five persons who are wanted by the United States Government for narcotic offences. The five persons wanted by the requesting state were arrested on December 15, 2004 and brought before His Worship, Chief Magistrate, Sherman Mc Nicolls.

An application for bail was made by their attorneys and counsel for the requesting state objected. The Chief Magistrate then refused to grant bail to the accused. After investigating the matter, counsel understands that an application was made late on Wednesday afternoon for the bail application to be fixed before a judge in chambers on Friday December 17. The bail clerk in the criminal section of the High Court did not list the matter as it was a late application. Checks were made with the police officer in charge of bail matters in the High Court and the officer indicated that the matter was not listed for hearing because it was a late application.

It is therefore misleading to state “Prosecutor fails to show for bail hearing,” as it implies that counsel knew about the bail application and wilfully stayed away, when counsel in fact had no knowledge of the bail hearing. Counsel was never served with any application for bail by any defense attorney. Since the matter was heard in camera, the reports could only have been second hand or hearsay. It is incumbent on the media to fully investigate both sides of a story before it is printed. The articles question the professional integrity of counsel representing the requesting state without any attempt to verify its accuracy. It is important that you correct this damaging and erroneous report as soon as possible.

DAVID WEST
Counsel for the
requesting state