Derek Achong
A criminal defence attorney for two of the men accused of murdering former Independent Senator Dana Seetahal, SC, was yesterday forced to withdraw from the case because of a disagreement with his clients over a call for the recusal of the magistrate presiding over the preliminary inquiry.
Senior Magistrate Indrani Cedeno was expected to hear submissions on her recusal application when the case came up for hearing before her at the Hall of Justice, Port-of-Spain, yesterday.
However, when the case was called, attorney Criston J Williams indicated that his clients, reputed gang leader Rajaee Ali and Earl Richards, wished to withdraw the application, which was made in July.
The application related to communications between Cedeno and Assistant Director of Public Prosecutions (DPP) George Busby over security issues in an unrelated case.
Williams explained that they were concerned over the effect of the application on their co-accused, as the case would have to be started afresh before another magistrate.
Williams said while he said he had a duty to relay his clients’ instructions, he still felt they had made a wrong decision.
He then asked for the case to be stood down briefly for him to take further instructions. When he returned, he indicated that he would no longer be representing the men.
After Williams left, Richards asked if he could make a statement on his and Ali’s behalf.
Richards claimed he and Ali were initially adamant that Cedeno should recuse herself but changed their minds after she disclosed the nature of her communications last month.
In November last year, Busby reportedly informed Cedeno that a relative of a police officer, who is a witness in the inquiry and another case before her, had received an apparent death threat via text message.
The message merely mentioned Seetahal’s assassination in May 2014 and alleged that a violent attack would be forthcoming later that month. It was not directed at Cedeno. Cedeno admitted that she had cited the threat in a subsequent application for increased security.
“We put the cart before the horse. Since we sitting down here you were never unjust to us. We saw no bias with you and we could go forward with you,” Richards told Magistrate Cedeno.
In his response, lead prosecutor Gilbert Peterson, SC, described the unexpected change as unusual.
The Office of the DPP had previously agreed with Williams’ application as it admitted that there was a strong possibility of bias. It also claimed that it was only informed of the communication between Busby and Cedeno after she disclosed it.
Yesterday, Peterson suggested that the issue still had to be dealt with by Cedeno although the accused men no longer wished to pursue it.
But defence attorney Mario Merritt, who is representing six of the accused, was strongly opposed to the move. He said the issue was resolved as soon as Williams withdrew the application.
Saying the communication did not make Cedeno biased, Merritt said: “If you were talking about this case, I would be the first person to stand up and complain.
“At the end of the day, they are the ones that will suffer if this case has to start again.”
After hearing all the parties, Cedeno said she would like to hear further submissions on the issue before making a decision.
In the event Cedeno agrees to recuse herself it would mean the preliminary inquiry, which is already at an advanced stage, would have to be restarted before a new magistrate.
The submissions are expected to be made when the case comes up for hearing tomorrow morning. `
More info:
Reputed gang leader Rajaee Ali and 13 alleged associates were charged with the crime a year after Dana Seetahal was murdered on May 4, 2014. Seetahal was shot dead behind the wheel of her SUV while driving along Hamilton Holder Street in Woodbrook.
Ali, his brothers Ishmael and Hamid Ali; Devaughn Cummings, Ricardo Stewart, Earl Richards, Stephan Cummings, Kevin Parkinson, Leston Gonzales; Roget Boucher and Gareth Wiseman were initially charged with the crime. They along with Rajaee’s wife Stacy Griffith, Deon Peters and David Ector were also charged under the Anti-Gang Act for being members of a gang.
In 2016, the DDP’s Office applied to amend the gang charges due to an administrative error made when they were laid on the group.
Cedeno dismissed it as she ruled that the time for making the amendment had expired. Peters and Ector were set free, while Griffith remained as she was charged with an unrelated gang offence that was not affected by the blunder.
The State appealed the decision but almost had to withdraw it last week as it admitted to filing it outside the period for doing so. Prosecutors were given a lifeline though as the Court of Appeal suggested that they make an application to retroactively extend the time.
In December last year, the murder charged with discontinued against Stephan Cummings, who was instead charged with conspiring to murder Seetahal.
Ector was murdered earlier this year.
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Sources:Derek Achong, Guardian. Defence lawyer recuses himself