Man denied bail under SoE rules told to serve DPP with lawsuit
Written by Jada Loutoo on January 27, 2025
A Belmont landscaper challenging the acting deputy chief magistrate’s decision to deny him bail on ammunition charges has been advised to serve the Office of the Director of Public Prosecutions (DPP) with his judicial review application.
Afiba Guerra’s application came up for hearing before Justice Joan Charles on January 27.
Guerra filed a judicial review application challenging a decision by acting Deputy Chief Magistrate Brian Dabideen to deny him bail under the Emergency Powers Regulations, 2024.
Charles said the Office of the Director of Public Prosecutions (DPP) must be served with the application.
Guerra is seeking to have Dabideen’s decision, made on January 13, quashed and remitted to another magistrate for fresh consideration.
Representing the State, attorney Janique Mitchell noted that the lawsuit appeared to require an interpretation of the emergency powers regulations and their interaction with other legal frameworks, including the Bail Act.
She argued that the DPP should be served with the application. Mitchell also asked for additional time to retain senior counsel for the case and raised the question of whether Guerra’s recourse should have been an appeal of the magistrate’s decision.
Guerra’s attorney, Keron Ramkhalwan, countered that the law does not provide for an appeal of a magistrate’s decision on bail, but instead allows for a fresh application before a judge in chambers.
However, he argued that the regulations did not permit this course of action.
“The regulations have suspended judge-in-chambers bail.”
Ramkhalwan also referred to legal precedents on the need for prompt hearings on bail reviews and pointed out that the regulations had an expiry date. He also said he had no objection to serving the DPP.
He has to do so by 4 pm on January 27.
Charles referred to the law on decisions made by lower courts and ordered that the intended respondent be given time to file and serve affidavits responding to Guerra’s application.
The matter was adjourned to February 3, allowing time for all parties to prepare their submissions.
Guerra, 28, of Upper St Francois Valley Road, Belmont, was arrested at Zachariah Avenue, Thick Village, Siparia on January 9.
He was charged under the SoE regulations. At his first court appearance, Dabideen denied him bail after considering the regulations and the Bail Act. Dabideen had also questioned why the charge fell under the SoE regulations and not the Firearms Act, which carried a higher penalty, but the police told him they were just complying with instructions from their legal unit.
Regulation 17 suspends bail for individuals detained or charged under the SoE. It also prevents individuals from applying for a writ of habeas corpus if denied bail and prevents judges from exercising their jurisdiction over the denial of bail.
Guerra’s lawsuit contends there was no evidence to support Dabideen’s denial of bail, also alleging that the acting deputy Chief Magistrate applied the wrong legal test.
Guerra’s application also contends that Dabideen failed to provide the specific sections of the Bail Act and regulations he relied on to deny bail.
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