Justice Devindra Rampersad yesterday evening granted permission to attorneys representing the 24-year-old soldier – who was held for questioning in connection with Monday’s deadly heist at Pennywise Plaza in La Romaine – to issue a habeas corpus writ on acting Police Commissioner McDonald Jacob.
Lawyers for the State will at 11:30 am today, be required to explain before the High Court why the soldier has been in the custody of police since then without charge.
In addition to the issuance of the writ, the court ordered that all affidavits filed by the soldier’s attorneys and a copy of yesterday’s order be served.
They are seeking to have him released from police custody since they said it was unlawful for officers to keep their client detained simply for the purpose of questioning.
In fact, the attorneys from the law firm CJ Williams and Company said his detention was arbitrary and not in keeping with the relevant judicial learning.
In the writ, the lawyers are also seeking an alternative to detention, in that he could be released into the custody of the Regiment and, therefore, would be available for further questioning by police if this became necessary.