THE resisting arrest case made against Crime Watch host Ian Alleyne is “starved of vital evidence”.
And his arrest in April of last year, over the broadcasting of a video on his programme showing the rape of a 13-year-old girl on three separate occasions, was illegal.
This was the submission made yesterday by Alleyne’s lead defence attorney, senior counsel Israel Khan, when the matter came up for hearing in the Port of Spain Magistrates’ Court.
Khan, in making a no-case submission, told Senior Magistrate Annette McKenzie the arrest of his client was illegal and, as such, he could not have resisted police officers in the execution of their duties, of which he is accused.
The attorney said before a police officer places a citizen under arrest, the officer must have reasonable suspicion to do so and to also inform that citizen of such suspicion.
In this case, Khan said that procedure was not carried out by ASP Ajith Persad of the Port of Spain Criminal Investigation Department (CID) when he placed Alleyne under arrest.
“There is not an iota of evidence that this officer had reasonable cause to arrest Ian Alleyne. He did not tell him why he was a suspect. All he did was tell him he was a suspect in the investigation (of the airing of the video in October 2011),” said Khan.
Following his arrest, Alleyne, who aired the video on CCN TV6, was charged with three offences contrary to Section 32 of the Sexual Offences Act and one charge of resisting arrest.
He initially pleaded not guilty to all four charges, but in March of this year changed his plea on the charges contrary to the Sexual Offences Act and was fined a total of $30,000 by Chief Magistrate Marcia Ayers-Caesar.
Alleyne maintained his not guilty plea on the resisting arrest charge.
Khan and attorney Larry Lalla have replaced defence attorney Om Lalla as Alleyne’s legal advisers in the matter.
Following Khan’s no-case submission, State attorney George Busby said he needed additional time in order to present his response in writing to the court.
He was given until next week Friday to do so.