‘Revenge affidavits!’ - Lawyer cites concern as detention impasse takes centre court today
Published:Monday | July 27, 2020 | 12:32 AM
Erica Virtue/Senior Gleaner Writer
“What the hell!” Jamaicans for Justice (JFJ) senior legal adviser, attorney-at-law John Clarke, exclaimed last Friday, seven minutes before the office closed to the public for that week and in the middle of an interview with The Gleaner.
“What the hell!” turned out to be five affidavits for the five men detained under the state of emergency (SOE) for varying periods without charge and who are to face the courts today, as requested by Supreme Court Justice Bertram Morrison on Wednesday.
“It’s nothing more than revenge. Revenge affidavits,” Clarke said as he separated them one by one shortly after their delivery.
The affidavits - written statements confirmed by oath or affirmation for use as evidence in court – are the contents presented by the Government for its case on why the men were detained and were not brought before the courts.
“Based on the judge’s ruling, Monday’s hearing is about whether or not the police have sufficiently strong allegations against them to permit them to remain in custody. He has already said that methodology is wrong and should never happen,” Clarke said.
The JFJ, through Clarke, filed writs of habeus corpus – a requirement that persons detained or arrested be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention – on behalf of the men, Everton Douglas, Nicholas Heat, Courtney Hall, Courtney Thompson, and Gavin Noble.
Claims were filed under Section 57 (1) and (2) of the Civil Procedure Rule.
Two of the men, who are from Westmoreland, were reportedly transferred without the knowledge of the family or the JFJ, and a frantic search was made on Friday to serve the institutions to present them to court based on Supreme Court Justice Bertram Morrison’s ruling.
“None of the family members were told ... that the persons would be transferred. In one case, Mr Heat petitioned the court and said he was at Tamarind Farm, issued a writ for me to appear before the Court. I am at Tamarind Farm. We went and served it today (Friday) at Tamarind Farm, only to be told he was not there, but at Hunts Bay Police Station ... ,” Clarke told The Gleaner.
Clarke said the movement of the men poses problems, noting that it had become increasingly worrying for persons to be locked up on what he said were spurious allegations.
“... In all these cases, there have been allegations which have not even been tested by the police. If the police think it’s credible enough to charge and take to court, do so. But even the police don’t find the allegations credible enough to take them to court ... ,” Clarke charged.
JFJ’s legal officer, Sasheeka Richards, said that her team was prepared.
“We are not going to court empty-handed. Since we got the affidavits, we began preparation again. And we are prepared to wait for eight hours today. The last sitting was six hours,” she said.
Justice Morrison ruled that the quintet be brought before the court today after being in continuous detention under the SOE without charge. Heat has been in custody for more than a year.
Shortly after the ruling, Attorney General Marlene Malahoo Forte expressed frustration at a series of court decisions.
“If ever our courts of law cease to be guided by or apply the law and instead become courts of public opinion, special interest, personal interest,, or anything less, then therein lies the biggest threat to our democracy,” Forte wrote on Twitter on July 22.
The Jamaican Bar Association called for the attorney general to withdraw her comments.
Malahoo Forte, late last Friday, offered regret for “the public’s interpretation”.
Neither Malahoo Forte nor Justice Minister Delroy Chuck could be reached for comment on Sunday.