(Trinidad Express) Twenty-one men who were arrested and charged under the Anti-Gang legislation yesterday celebrated and showered their attorneys with praises following their release.
The men were freed after Director of Public Prosecutions (DPP) Roger Gaspard said there was insufficient evidence to lead a successful prosecution against them.
And with their release came word from attorneys that their clients intend to take legal action against the State for malicious prosecution and for being detained for the three weeks they were made to spend in prison.
They are the first group of individuals to be released after being charged under the legislation.
It was just minutes before their release that the accused entered the prisoners’ dock before Chief Magistrate Marcia Ayers-Caesar in the Port of Spain Eighth Court yesterday charged with being members of the Nelson Street Gang.
Friends and family sat in the courtroom and listened in anticipation as word spread that their relatives were about to be set free.
Gaspard, who along with State prosecutor George Busby prosecuted the matters, rose to his feet and addressed the magistrate.
“Your Worship, I have perused what passes for evidence and I am of the view that there is absolutely no evidential value in what I saw. The prosecution would not be leading any evidence and in a short while, I would issue notices of discontinuance in these matters,” said Gaspard.
With his announcement, the accused men—Gerard Samuel, Nigel Trudge, Akeem Guerra, Anthony Darmanie, Christopher Richardson, Derek Miller, Atiba Gorkin, Andy Isaac, David Williams, Kevin Myler, Jules Eligon, Edwin Trotman, Akiel Ash, Winston Wilson, Jabari Martinez, Anthony Armstrong, Simba Cobas, Kareem Myer, Ronald Cobham, Akiel Joseph and Newton Pollard—smiled and gave thumbs up signs to relatives.
Their relatives were warned by the police to maintain silence within the courtroom.
Attorney Ian Brooks thanked Gaspard for the decision, saying that it has brought an end to “a sad chapter in Trinidad and Tobago”. Another of the men’s attorneys, Mario Merritt, echoed the views of Brooks.
“There are many cases in which people are suffering or who have suffered over the past few weeks. I would like to ask the DPP to expedite those matters. It is not just these people behind me who were affected but many other families across Trinidad and Tobago,” he said. Other attorneys also expressed their satisfaction with the DPP’s decision. They were: Keith Beckles, Criston Williams, and Vince Charles. Naveen Maraj and Theodore Guerra, SC who also provided representation, were not in court at the time of their clients’ release. After the submissions by attorneys in court came the announcement from Ayers-Caesar that the prosecution could not proceed with the matters and as such the charges were dismissed.
Loud cheers and shouts of approval erupted. This time, however, the police were unable to maintain silence. “We love you mudda. We love you, eh. You is the best,” the men shouted to Ayers-Caesar as they were led out of the courtroom.
Less then a minute later the men made their way onto St Vincent Street where the celebrations continued. Attorney Vince Charles was unable to escape the group hug intended for him.
Speaking to the Express following his release, Atiba Gorkin said he was relieved that Gaspard had decided to discontinue the matters. “We get lock up on August 23, so is three weeks now we in prison. The condition was unsanitary, but we knew that this day was coming. They had nothing on us because we are not in any gang,” he said.
Gorkin and others were arrested along Nelson Street two days after Government announced a State of Emergency to combat the crime situation in this country.
Under the Anti-Gang legislation anyone arrested and charged with being a gang member would be mandated to spend at least 120 days in custody without bail after their appearance, provided no evidence is taken before the time expires as the law mandates.
Merritt told reporters after the men were freed: “The decision of the government to initiate these proceedings has weakened the ability to fight crime. It is these same communities that they would need help from in order to fight crime. Now no one will trust the police who will arrest you and charge you with absolutely no evidence. This result should have been foreseen as a result of the rash action of the police,” he said.
