00:00Court of Appeal has ordered the conditional release of businessman Dominic Hadid and his wife Genevieve
00:05overturning an earlier High Court decision that kept them detained under preventative detention
00:10orders during the state of emergency. The three-member panel ruled there is a serious issue
00:15to be tried over whether the detention orders comply with the law. Irvishi Tiwari Rupnarein
00:21reports. The Court of Appeal has ordered that Dominic and Genevieve Hadid be released from
00:26detention and be confined to their Westmoorings home under strict police supervision pending the
00:33determination of their constitutional challenge to their preventive detention orders. In a unanimous
00:3937-page judgment delivered by Justice of Appeal Peter Rajkumar with Justices Miradina Mora and Joan
00:47Charles concurring, the court found the couple had demonstrated a quote-unquote serious issue to be
00:53tried over whether the preventive detention orders complied with statutory requirements. The
00:59court stressed that while national security carries significant weight, quote, the May invocation and
01:05assertion of national security is not sufficient to prevent judicial oversight or scrutiny by a court
01:12of the exercise of emergency powers, end quote. The judges also found that the reasons contained in
01:18the detention orders lacked sufficient particulars to justify the extraordinary power of preventive
01:24detention. The judgment states, quote, the statements that were made though vehement, obnoxious and
01:31reprehensible if made are not without more supportive of any further conspiracy to murder. It is more that is
01:39lacking in the PDOs, end quote. The court further ruled, quote, vague assertions therefore of intelligence
01:46without explaining how that intelligence reflected the ongoing conspiracy and the developments of
01:51plans arguably did not satisfy the statutory precondition for the exercise of the power to issue
01:58the PDOs, end quote. While acknowledging the seriousness of the allegations and the importance of national
02:05security, the judges concluded those concerns could be addressed through stringent conditions rather than
02:11continued incarceration. The court said, quote, the balance of justice is not requiring the continued detention of the
02:18appellants, where the harm asserted by the respondent can be neutralized by the imposition of appropriate
02:24conditions on release, end quote. Under the order, the Hadids are to be immediately released but confined to their home
02:31at Bayshore, West Moorings. They must surrender their passports, firearms and all communication devices. They are
02:39prohibited from communicating with anyone outside the residence without the commissioner's approval, cannot leave the
02:45property, receive visitors without permission and must allow police officers to conduct inspections. Only approved
02:53medical practitioners, legal representatives and caregivers will be permitted entry. The court also left open the
03:00possibility of electronic monitoring and warned that any breach of the conditions could result in their return to
03:07detention under the preventive detention orders. The court also set aside the high court's refusal to
03:13grant interim relief and the order requiring the Hadids to pay costs. The substantive constitutional challenge to the
03:21legality of the preventive detention orders is still to be determined by the high court.
03:26The TV6 people meter brought to you by XL Health TT, the official supplements of the CPS.
03:38Tonight we're asking you, do you expect other detainees to seek similar relief from the court of appeal? To vote,
03:44text us or notice the number 766-4886 or 766-4TV6. We'll have the results for you at the end
03:51of this newscast.
03:54The state has moved to challenge the court of appeals decision ordering the conditional release of
04:00businessman Dominic Hadid and his wife Genevieve. Hours after the court ruled that the couple be
04:05released from prison and confined to their Westmoorings home under strict conditions, attorneys
04:11representing the attorney general filed an application seeking special leave to appeal to the judicial committee
04:17of the Privy Council. The court of appeal had found there was a serious issue to be tried over the
04:24legality of the preventative detention orders issued against the Hadids during the state of emergency
04:30and orders their release subject to stringent restrictions. The state is now asking the Privy
04:35Council to overturn that decision, arguing that the matter raises issues of significant public importance
04:41concerning national security and the exercise of emergency powers. The substantive constitutional
04:48challenge to the preventative detention orders remains before the High Court.
04:53Prime Minister Kamala Passat-Bissessa says the government will respect the rule of law following
04:58the Court of Appeals decision to order the conditional release of businessman Dominic Hadid and his wife
05:03Genevieve. Responding to questions from TV6 News on Thursday, including whether she had concerns about the
05:10alleged threats against her life and whether the ruling could trigger further legal challenges over
05:15preventative detention orders, the Prime Minister declined to comment on the specifics of the case.
05:20Instead, she said the matter now rests with the Trinidad and Tobago Police Service and the judiciary.
05:25The Prime Minister added that because of the constitutional principle of the separation of powers,
05:30neither the government nor she has any road in the court's decision making.
05:34Passat-Bissessa said the government is bound by the rule of law, which it will respect and it will honour.
Comments