(Trinidad Express) Senior Counsel Dana Seetahal said yesterday that the police have another six months in which to lay charges against former minister in the ministry of national security, Collin Partap, for failing to take the initial breathalyser test.
“It is a summary offence so they do have six months to charge him,” she said in a telephone interview.
Seetahal said even though Partap was allowed to leave the Belmont Police Station without being charged on Sunday morning, the general position left him open to be charged until early next year.
Partap was stopped by police just after 5 a.m. after leaving the Zen nightclub on Keate Street, Port of Spain.
Officers noticed blue swivel lights and a siren on the vehicle and, upon stopping Partap, they asked that he take the breathalyser test. Partap refused, which is in breach of the legislation.
Police then said it was close to 7 a.m, two hours after he was initially stopped, before the test was administered. Partap was then found to be within the legal limit.
A medical expert yesterday weighed in on that two-hour delay.
Speaking on the condition of anonymity, the doctor said within two hours, a healthy individual who possessed the liver of a social drinker should be able to metabolise enough alcohol to bring the measurement down by 20 to 30 microgrammes. The local legal alcohol limit stands at 35 mircrogrammes.
The doctor said if the test was found to be mere points under the legal limit after two hours of metabolising alcohol, chances remained that the drinker would have been several points over that limit when they were first stopped.
Director of Public Prosecutions Roger Gaspard yesterday said he was unable to comment on the issue, as he may one day preside over the case.
In a telephone interview with the Express, Gaspard said in most cases involving public officials, police seek out his assistance before pressing charges.
“So far, the police have not approached me,” he said.
Asked to comment on the issue, Gaspard said: “I have not seen the evidence. I have seen the paper, but that is not evidence, so I have no comment to make on it especially in light of the fact that the police may, may I stress, eventually approach me, so I do not want to say anything that might amount to a prejudgment.”
