Cops to be cross-examined

Yesterday in the San Fernando High Court, Justice James Aboud said the evidence from the cross-examination would help him adjudicate in the case. Aboud is presiding in the Judicial Review application filed by attorney Kamla Persad-Bissessar, instructed by Carol Cuffy-Dowlat, on behalf of Susan Charleau of Point Fortin woman. She is challenging the decision by police to release the fishermen on February 9 2004.

On Friday February, 6, 2004, Barbados fishermen Joseph Mason and Samuel Firebrace were arrested by the Trinidad and Tobago Coast Guard while allegedly fishing in the exclusive economic zone. The fishermen and their vessels were detained and the men were later charged by PC Cipriani for fishing in the exclusive economic zone without a licence. The two were brought before a magistrate sitting in the Scarborough Magistrates’ Court on February 9, 2004.

On that morning, Cpl John Morrison, who was the assigned police prosecutor, informed the presiding magistrate that he was not prepared to proceed with the prosecution of the fishermen.The magistrate then dismissed the charges against the fishermen.

Yesterday, Aboud ordered that the three police officers — ASP Maurice Dillon, Sgt Gray and Cpl Morrison — be cross-examined at the hearing of the judicial review case. The judge, however, ordered that cross-examination be confined to certain parts of the police officers’ evidence.

“Cross-examination may have the effect of loosening the restraints that time has placed on the memory of these deponents and, if that occurs, the trial court will be better placed to adjudicate the matter,” Aboud stated in his judgment.

The case was adjourned to September 21 for a case management hearing.

Following the ruling yesterday, Persad-Bissessar said she was contented with the ruling. “This will set a precedent for other matters of similar nature in the future,” she said.