No case for Alleyne
By JADA LOUTOO Tuesday, October 8 2013
SENIOR Magistrate Annette Mc Kenzie has been told Crime Watch host Ian Alleyne has no case to answer as the charge that he resisted being arrested by Ag ASP Ajith Persad last year cannot be sustained by law, as the actual arrest was unlawful.
In a no-case submission before Mc Kenzie in the Port-of-Spain Four A Court yesterday, Alleyne’s lead defence counsel Israel Khan SC, argued that Persad failed to inform Alleyne on what instruction he was acting when he arrested Alleyne on April 19, 2012.
Alleyne is also charged with three other charges under the Sexual Offences Act, relating to the airing of a video which identified an under-age rape victim on public television.
That video was aired on CCN TV6 on October 24, 25 and 26 of 2011. Alleyne was charged under Section 32 (2) which deems it an offence to reveal the identity of a rape victim by broadcast. On March 19, he was fined $30,000 after being found guilty of the three charges under the Sexual Offences Act. However, he maintained his not guilty plea on the resisting arrest charge and yesterday reappeared on that charge before Annette McKenzie.
After the formal submission of the statements of AG ASP Persad, Cpl Andre Lopez, Constable Chris Hosten and WPC Claudia Cabie, Khan began his no-case submission, arguing that before arresting Alleyne, the police officer (Ag ASP Persad) failed to give reasonable grounds for doing so. “He never told him what his instructions were,” Khan submitted.
According to Alleyne’s attorney, although the offence of identifying a rape victim by broadcast under Section 32 (2) of the Sexual Offences Act was arrestable, it cannot be done without a warrant.
Khan said in order to apply the common law powers of arrest, the police can only do so without a warrant if there is evidence of reasonable cause or given the reason for which the arrest was being made. He said in Alleyne’s case, no reason was given by the police.
“He didn’t say why he (Alleyne) was a suspect. He didn’t tell my client of the grounds for his arrest or that he was a suspect,” Khan argued, alleging that instead, Persad kept that information, “locked in his chest”.
When the trial resumes on October 18, lead prosecutor Assistant DPP George Busby will respond to Khan’s no-case submission. Larry Lalla is also defending Alleyne.