By Sue-Ann Wayow
A PRE-ACTION protocol letter from the attorneys representing individuals who are organising to have a protest motorcade on Friday has been sent to Police Commissioner Gary Griffith.
Attorneys Rhea Khan, Dinesh Rambally, Kiel Taklalsingh and Stefan Ramkissoon are representing the group led by social activist David Welch.
The group was planning to have a motorcade starting from Debe to Parliament in Port-of-Spain on Friday in demand that Government re-open the economy. The event is now postponed.
Welch was charged on Tuesday evening for resisting arrest and insulting police officers in front of Parliament.
He was also ticketed for not wearing a face mask in public. He is expected to answer to the charges in early September.
He was arrested while on his way to deliver an application to Griffith asking for permission to hold the protest after Griffith in a media release earlier this week stated that such a motorcade will be a violation of the State of Emergency (SoE) regulations and law enforcement will be applied if the event occurred.
However, Khan in her letter on Thursday stated, “Having regard to the contents of your correspondence and to the clear and unambiguous provisions of the Summary Offences Act, your refusal is unlawful, ultra vires the Summary Offences Act and the specific provisions therein, disproportionate (in that it unfairly restricts our client’s constitutional rights) and irrational as the decision is without basis.”
She added the application was prepared which included conditions of the protest to the effect that there would be no congregation of persons physically and further that persons would remain in their cars, masked and limited to three persons per vehicle. The procession would also be completed by 6pm and therefore not infringe any curfew restrictions.
“In any event, the current ‘State of Emergency’ which currently exists does not specifically prohibit protests in the form of a Motorcade. There is no explicit regulation or rule under the State of Emergency Regulations which prevents persons from proceeding along the public roadway in a procession, remaining in their vehicles, as a form of protest,” Khan stated.
She made reference to the Hong Kong Supreme Court, in the case Leung Kwok Hung v Hong Kong Special Administrative Region Facc Nos. 1 & 2 of 2005 in treating with an almost identical provision in their law.
Khan stated, “We adopt the sentiments of the Honourable Court and commend them to you for your consideration. In the circumstances we intend to commence Judicial Review Proceedings against you for your decision to deny our client’s application. In light of the aforesaid, we call upon you to re-consider your decision and kindly inform us of same no later than 6pm today. Failing a reconsideration of your decision and the continued refusal our client has instructed us to commence judicial review proceedings on an urgent basis against you given the nature of the suspension and restrictions.”
AZPNews.com was told on Friday morning that Griffith had not yet responded to the letter.
In a Facebook post on Thursday evening, Welch stated, “Motorcade postponed. We have decided to step down and take the State to court.”
