Attorney seeks release of kidnap suspect
Written by Jada Loutoo on October 7, 2024
AN attorney for a kidnapping suspect has applied for a writ of habeas corpus to justify his continued detention four days after his arrest.
The application was filed by attorney Kirk Cumberbatch on October 6.
He said his client has been held since his arrest on October 1 and is being kept at a police station in north Trinidad.
Cumberbatch said his client was interviewed three times since his arrest. A pre-action protocol letter was also sent to the police’s legal department on October 5, complaining of his client’s continued detention without a charge being laid. However, there has been no response, the attorney said.
Cumberbatch said it was unlawful to detain someone on pending further inquiries without reasonable and probable cause.
“The applicant, to date, is still being detained on the basis of pending enquiries. The law relative to the detention of a suspect is guided by common law which suggests that a suspect(s) may be detained for approximately 48 hours.
“The applicant’s continued detention by the Commissioner of Police is illegal and unlawful and it would be unjust and oppressive to continue to detain him as he has been in custody for four days without charge,” the application said.
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