Decision in Ian Alleyne's "resisting arrest" case set for January 21


SENIOR MAGISTRATE Annette McKensie today overruled a no-case submission made by the attorneys for talk show host Ian Alleyne. The magistrate ruled that a prima facie case had been made out for Alleyne to stand trial on the charge of resisting arrest.

The ruling was made made in the Port of Spain Magistrates' Court this afternoon, after Alleyne, who could not be contacted by his lawyers for most of the day, showed up it court at around 3 p.m.

The magistrate will give her verdict in the case on January 21.
Alleyne is being represented by senior counsel Israel Khan, and attorney Larry Lalla, and the State by Senior State prosecutor George Busby.
Alleyne is charged with resisting ASP Ajith Persad in the execution of his duty in April of last yea
r. He allegedly committed the offence when Persad attempted
to arrest him in the CCN compound over the broadcast of a video on his Crime Watch programme showing the rape of a 13-year-old girl.

Khan had made a no-case submission two months ago saying that the case against Alleyne was "starved of vital evidence." The attorney had submitted that Persad did not have reasonable suspicion to
place his client under arrest, making the arrest illegal. Based on this, Khan said there was no way Alleyne could have resisted the officer.
"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)," Khan had stated.

However, Magistrate McKensie ruled that Alleyne's arrest was not unlawful since he had been told on a previous occasion that he was a suspect in a sexual offence investigation, by way of letter, and that a prima facie case had been made out.

Khan responded that the defence stood by its submissions and Alleyne would not be testifying in his defence or calling witnesses.
Earlier today, the case against Alleyne was stood down, when he did not appear when his name was called. His attorney Larry Lalla said he had tried to contact Alleyne without success, until this afternoon when the court was informed that Alleyne had been heavily medicated for a medical problem overnight, hence the reason he could not be reached. The explanation was accepted by the magistrate before the case proceeded.

Following his arrest (on April 19, 2012,) 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 had 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.
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