ATTORNEYS representing a Wallerfield man on firearm-related charges have filed an urgent application for a writ of habeas corpus, arguing that his continued detention is unlawful due to legislative changes that render his charges null and void.
Odell John was charged with possessing a firearm and ammunition on March 9, 2023, under the now-repealed Indictable Offences (Preliminary Enquiry) Act (IOPEA).
However, his attorneys Russell Warner and Nikita Camacho contend that his prosecution collapsed when the Administration of Justice (Indictable Proceedings) Act, 2011 (AJIPA) came into force on December 12, 2023, effectively repealing the IOPEA.
At a hearing on March 5, Justice Frank Seepersad noted the lack of legislative provisions addressing the status of unexecuted warrants issued before AJIPA came into force.
He asked whether the State would consider a preliminary position to halt the execution of such warrants until the court provides clarity on the law.
Seepersad suggested that an interim declaration could be issued to pause the execution of warrants issued before AJIPA, ensuring that no additional individuals are affected until a final ruling is made.
Senior Counsel Gilbert Peterson, representing the State, acknowledged both the police’s position and that there could be multiple similar cases pending. He agreed to file submissions on an interim declaration before the next hearing on March 11.
Seepersad said a systematic approach was needed to resolve the legal uncertainties.
“This is one matter, but there may be numerous others where warrants were issued but not yet served. It is imperative we adopt a systematic and thorough approach to the operative law so an informed position can be made,” he said.
Peterson expressed a preliminary view that John’s case could proceed under the old law, while Warner surmised that the DPP could discontinue the matter and have a fresh complaint filed under AJIPA.
Seepersad also directed that the Director of Public Prosecutions (DPP) again be served with hard copies of the proceedings to obtain his input, noting that his position would be of “great assistance” to the court’s decision.
In the application, Camacho said the repeal of the IOPEA effectively "obliterated" all pending cases unless they met strict saving provisions outlined in AJIPA.
Under these provisions, only cases where an accused had appeared before a magistrate and had the charges read before December 12, 2023, could proceed.
John, however, was arrested ten months after the repeal, on October 12, 2024, and was brought before the Arima Magistrates’ Court two days later, where the charges were read for the first time. As such, his attorneys say his case did not meet the criteria for preservation under AJIPA, rendering his prosecution legally non-existent.
John's attorneys argue that the IOPEA was repealed without any applicable savings clause that could preserve his prosecution.
“Upon the repeal of the IOPEA, the pending proceedings against the applicant were totally ‘destroyed/invalida
