THE resisting arrest case against ex-Crime Watch host Ian Alleyne was adjourned to the afternoon of November 5 since, according to his attorney, he is expected to be sworn in as the new St Joseph MP earlier that day.
The St Joseph by-election, for which Alleyne is the People’s Partnership candidate, is on November 4.
Alleyne re-appeared before Port of Spain Magistrate Annette McKenzie yesterday following a no-case submission made by his lead attorney, Israel Khan SC, during his previous hearing.
In his submissions made during the last hearing, Khan cited that the arrest of his client, which occurred on the compound of Caribbean Communications Network (CCN), 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 Investigations 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.
George Busby, the State’s lead attorney in the case, handed over a bundle of documents which was his reply to Khan’s no-case submission.
He cited that if any police officer believed that there is a case to charge, no matter how weak the evidence, there is a case to answer.
Busby added that even if the arresting officer does not tell the person why they are being detained, the issue becomes void when the suspect is informed of his reasons for arrest at the police station.
He also explained that four months prior to the April 19, 2012 arrest of Alleyne, Persad, the chief investigator in the case, tried in vain to interview Alleyne and mere hours before being arrested, Persad was approached by Om Lalla, who was then Alleyne’s attorney.
Om Lalla is no longer Alleyne’s attorney. The Crime Watch co-host is also contesting the St Joseph by-election, for the Independent Liberal Party.
Khan replied to Busby’s counter-argument, stating that Alleyne’s arrest was based on a suspicion of committing an offence rather than suspicion of being guilty of an offence.
Magistrate McKenzie then told the court that she would need some time to consider both sets of arguments and there began a haggling for an adjournment date.
Khan insisted that he would need a date before November 4 and requested October 31, but Busby replied that he would not be able to attend on that day.
Khan then asked for November 6 or 7, but this too did not sit well with Busby.
November 5 was then decided as Khan muttered below his breath, “I will have to find out when they are doing the swearing-in.”
The court laughed in response.