22 more freedCharged under Anti Gang Act...By Innis Francis innis.francis@trinidadexpress.com
Story Created: Sep 29, 2011 at 11:52 PM ECT
Story Updated: Sep 29, 2011 at 11:52 PM ECT
http://www.trinidadexpress.com/news/22_more_freed-130829353.htmlTHANKFUL: Adisa Hinkson, one of 22 men freed yesterday, hugs his aunt, Constable Judith St Louis, outside the San Fernando Magistrates' Court. —Photo: TREVOR WATSONDirector of Public Prosecutions Roger Gaspard yesterday pulled the plug on 22 more police cases against men charged under the Anti Gang Act.
Gaspard turned up at the San Fernando First Magistrates' Court, and told Magistrate Rajendra Rambachan that he had perused the files related to the charges against the prisoners, who were arrested shortly after the declaration of the State of Emergency in August.
He said, "there is no sufficient evidential plinth (basis) on which prosecution could be mounted in these matters, I am constrained to indicate to this court".
He said, therefore, "the prosecution offers no evidence in these matters and takes the liberty to discontinue the matters by filing the requisite notices of discontinuance of these matters".
Two weeks ago in the Port of Spain Magistrates Court, Gaspard's intervention also led to 21 alleged members of the "Nelson Street gang" being freed.
He also sent State attorneys twice to the Princes Town Magistrates' Court to inform magistrates that the cases against ten men, charged under the Anti Gang legislation, were dropped.
The lawyers for the prisoners in Princes Town had complained in a letter to Gaspard that police prosecutors dealing with the gang cases had allegedly consulted with lawyers hired by Attorney General Anand Ramlogan, and not with lawyers working with the DPP's Office.
Yesterday's decision by Gaspard was greeted with celebration by the 22 men, who were locked away in the basement cell block section of the courthouse during the hearing.
The men learnt of their freedom from a prisoner who was in the courtroom at the time of Gaspard's announcement.
Fifteen prisoners were freed last night. Seven still face other charges, and were returned to prison.
Attorney Subhas Panday, who represented several of the alleged gang members, said during the court hearing that the Anti-Gang legislation did not define whether the DPP had to be consulted before charges were laid.
Panday, a former minister in the National Security Ministry, said that police officers had charged some people and then attempted to find evidence to prove they were gang members.
Attorney Keith Beckles, who represented one of the alleged gang members, thanked the office of the DPP "for being fearless and independent".
The Police Service Public Information Officer ASP Joanne Archie said on Wednesday that of the 449 people arrested under the Anti-Gang legislation, some 121 were released without charge.
Of the 236 charged, yesterday's intervention by Gaspard means that 53 men charged under the Anti Gang Act have now walked free.
The State is also expected to make an announcement in the Couva Magistrates Court today, in a case involving a man charged with being a gang member.