State cites shortage of police

Special Prosecutor Dana Seetahal made an application before Justice Herbert Volney requesting that the much publicised trial be shifted as was done previously with other trials.

To bolster this point, Seetahal read a letter from ACP James Philbert which stated that at least seven cases involving witnesses in the Witness Protection Programme are listed for hearing this month. This includes a conspiracy to murder trial, which the prosecutor added, would also stretch the resources of the protective services.

Seetahal also cited the occasional flooding of the Caroni Bridge along the Uriah Butler Highway as a reason why Volney should transfer the case to Port-of-Spain.

Volney, however, then remarked, "Ms Seetahal, I believe you have reached the realm of begging."

Director of Public Prosecutions Geoffrey Henderson recently wrote to the Registrar of the Supreme Court, Evelyn Peterson, challenging the assignment of Volney to preside at the December 6 cause list hearing of the Naraynsingh case.

Maraj-Naraynsingh and Ramasir are charged with the murder of Dr Chandra Naraynsingh who was shot dead on June 29, 1994, at the Langmore Health Foundation, Palmyra Village, near San Fernando.

Queen’s Counsel Karl Hudson-Phillips, who is Seeromani’s lead attorney, did not turn up in the San Fernando High Court yesterday. His junior Ravi Rajcoomar told Volney that Hudson-Phillips apparently opted to remain in Port-of-Spain, just in case the matter was called there. Hudson-Phillips leads a defence team comprising former Attorney General and Senior Counsel Ramesh Lawrence Maharaj, Larry Lalla, Rajcoomar, Prakash Ramadhar and Camini Naraynsingh-Chan.

In her submissions, Seetahal referred Volney to Section 3 (5) of the Criminal Procedure Act which gives power to the DPP to transfer any criminal case "in the interest of securing a more expeditious trial and whenever the ends of justice requires." She admitted, however, that although the warrant of transfer was delivered to the Registrar only six days instead of ten days before the trial date, such was not "fatal" in effecting the procedure.

Volney asked Seetahal if the DPP’s transfer application was not a further delay as the trial was fixed to start yesterday. Volney told Seetahal, "The first available date for trial was today in San Fernando or in Port-of-Spain. That could not have been by any stretch of the imagination more expeditious than that. The trial would have begun this morning. I see you are getting stumped even before you leave your crease."

During presentation of the State’s arguments, Volney told Seetahal that she had reached "the realm of begging."

Maharaj submitted that the case ought to deal with the facts rather than the time factor in filing of the warrant for transfer. "This exercise is frustrating the order of the court (to begin the trial today)," Maharaj said.

Seetahal argued that the transfer of the trial to the Port-of-Spain Assizes would save judicial time since it was in closer proximity for the Judiciary, attorneys, prisoners, witnesses and the protective services. The special State prosecutor said the transfer would better accommodate the majority of the 37 witnesses from North Trinidad — including the two main witnesses, one of whom is Shawn Parris, who is currently incarcerated at the Maximum Security Prison. The other witness, Junior Morris, is in protective custody. She pointed out that the protective services which were already stretched to the limits, could operate more efficiently in Port-of-Spain.

Hearing resumes this morning. A ruling is expected tomorrow.