A High Court judge has ordered the Commissioner of Police to clarify whether businessman Dominic Hadeed and his wife, Genevieve Hadeed, are being detained under Preventive Detention Orders (PDOs), following a habeas corpus application challenging the legality of their continued detention.
Justice Frank Seepersad made the order on Saturday after considering an urgent application filed on behalf of the couple by Senior Counsel Faris Al-Rawi, according to the Trinidad Express newspaper. Rather than immediately granting the writ of habeas corpus, the judge directed that the application, supporting affidavit and certificate of urgency be served on the Commissioner of Police by 4 p.m. on Saturday, and scheduled a virtual hearing for Monday morning.
The judge specifically requested clarification from the Commissioner ‘as to whether the detention of the Applicants is pursuant to a Preventive Detention Order’.
The application was filed after the couple were detained on Wednesday, following police searches at their residence and business premises. According to the affidavit filed in support of the application, the searches were connected to an alleged conspiracy to murder investigation.
The affidavit alleges that heavily armed police officers searched the couple’s Bayshore, Westmoorings home and seized electronic devices belonging to the couple and their children before informing them they were under arrest.
It further alleges that Dominic Hadeed was taken to Blue Waters Limited’s offices at Orange Grove, where additional electronic devices were seized, and later to Gulf City Mall, where firearms and ammunition held under firearms licences were collected.
According to the affidavit, the couple were later transferred to separate police stations, with Dominic Hadeed taken to Carenage Police Station and Genevieve Hadeed to Woodbrook Police Station.
The affidavit also raises concerns about the conditions of detention and states that Dominic Hadeed has medical conditions requiring the use of a CPAP machine and a leg brace.
Al-Rawi further alleged in the affidavit that when he met with police officials, he was initially told that the detention was not under a Preventive Detention Order or the Emergency Powers Regulations. The affidavit states that the couple were later served with documents extending their detention under the Emergency Powers Regulations.
The legal challenge contends that the couple were initially arrested during the execution of ordinary search warrants connected to an alleged conspiracy to murder investigation.
Meanwhile, the Trinidad and Tobago Police Service (TTPS) confirmed that a 69-year-old businesswoman is assisting with investigations involving the Hadeeds.
The TTPS did not identify the woman but said she was taken into custody from her Westmoorings residence and ‘is currently assisting with the ongoing investigative process and no charges have been laid.’
The police service said being taken into custody to assist with enquiries ‘does not constitute a finding of wrongdoing or adverse inference’.
‘The TTPS remains committed to ensuring that all investigative steps are conducted professionally, impartially, and with full respect for the legal and reputational rights of all individuals involved,’ the statement said.
The TTPS said the matter remains active and that no further information could be disclosed at this time.
The detentions took place during Trinidad and Tobago’s current State of Emergency, with government officials previously saying investigations under the emergency measures would extend to persons suspected of involvement in organised crime.
The Law Association of Trinidad and Tobago (LATT) has also raised concerns about restrictions on protests during the State of Emergency, questioning whether emergency measures limiting constitutional rights are justified.
The Hadeeds are being represented by Al-Rawi, Senior Counsel Gilbert Peterson and attorney Carlon McLeod.