By Nikita Braxton-Benjamin
Copyright trinidadexpress
PRISONS Acting Assistant Superintendent Garth Guada has signalled his intention to sue Homeland Security Minister Roger Alexander over his detention.
Guada, who is being held at Teteron Barracks in Chaguaramas, is seeking the immediate revocation of the detention orders against him as he alleged Alexander’s decision was influenced by improper motive.
Guada was detained by police in August and taken to the Eastern Correctional Rehabilitation Centre.
He was detained under a state of emergency detention order, signed by Alexander, which alleged that he associated with a gang.
It stated that he was “credibly identified as an associate of a gang within the legal definition of the Anti-Gang Act 2021, known as the Radical Islamic Criminal Gang and other gangs, with the intent to facilitate the commission of gang-related activities”.
On September 4, Guada was taken to Teteron Barracks.
He has sought a hearing before a Review Tribunal to challenge his detention.
‘Unlawful, unreasonable’
In the pre-action protocol letter from attorney Krystal Primus, it was alleged that Alexander’s decision to detain Guado was unlawful, unreasonable and constituted a breach of the principles of justice.
It outlined several alleged breaches by the Homeland Security Minister and stated that in light of them, the immediate revocation of detention orders issued against Guada was being sought. The letter further stated, “It is my client’s position that your decision was influenced by an improper motive and a clear conflict of interest due to a pre-existing relationship and personal animosity between you and my client, stemming from your recent visits to the Maximum Security Prison and information that were communicated to the TTPS Intelligence Unit about your affairs.”
Malicious prosecution and an abuse of the powers granted under the state of emergency, have been alleged in the letter.
The correspondence further stated that legal proceedings for judicial review could be commenced without further notice and a declaration will be sought from the court that the preventative detention orders were void from inception.
