Guyana Observer News

"Drug lord" Dataram walks free again

Wednesday, 10 March 2010

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Yesterday after lengthy deliberation Acting Chief Magistrate Melissa Robertson ruled that the application for the issuance of a provisional warrant for Barry Dataram by the Guyana Police Force will not be granted. As such, Dataram, who was present in court, walked out of the Georgetown Magistrates’ Court compound a free man. Several senior ranks of the Criminal Investigation Department were left standing in anticipation of arresting him. Dataram’s release followed lengthy written and oral submissions was put forward by special prosecutor Anil Nandlall.

The Magistrate in her ruling quoted several case laws, including one of retired Chief Justice Cecil Kennard which states that the court needs to be provided with an actual request.
When the hearing began, Nandlall, when asked by the Magistrate about the warrant, indicated that he was not in possession of an actual request.
Nandlall had presented to the court a document which carried seals from the Ministry of Foreign Affairs and the United States Embassy.

The Magistrate also ruled on the issue of Dataram’s lawyer being heard at the swearing of information for the provisional warrant. She noted that according to the constitution Dataram’s lawyers Glenn Hanoman and Vic Puran should not have had their submissions heard at that stage of the case.
She added that they could have been heard privately and several case laws were quoted to this effect.
This is not the first time that the Guyana Police Force has sought to seek a provisional warrant for Dataram.
On each occasion after the warrant was issued it was overthrown by a ruling in the High Court
Two weeks ago Dataram was arrested and the police then moved to the court to secure a provisional warrant for his extradition some 20 hours later.
They then indicated that he was being held for trafficking in narcotics. Dataram was released after spending 72 hours in custody.

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