As questions continue to be raised about the warrants for the arrest of Kaia Sealy—the common-law wife of Joshua Samaroo, who was killed during a police-involved shooting in January—head of the Criminal Bar Association Israel Khan says the manslaughter warrant could arise from an allegation that she caused officers to shoot into the car, and Samaroo was killed.
Defence attorney:Saira Lakhan
He pointed out that it was not known what the investigation would have revealed for the Director of Public Prosecutions (DPP) to give the instructions for the warrants to be issued, but noted that the evidence would be revealed in court.During a telephone interview yesterday, Khan said: “If the police fired shots into the car, we can figure out as lawyers they are not saying that she killed the deceased; what they are saying (is) she caused the police, in the legitimate execution of their duty, to kill the deceased...“We cannot go on the assumption because the deceased had his hands up in the air, that is the end of the matter. If the police had justifiable reason for shooting into the car, you could draw the inference that somebody in that car could have been doing something.“We do not know whether it’s picking up a gun and pointing it or shooting at the police...”Senior Counsel Khan argued that if police officers were being shot at, and in protection of themselves or fearful for their lives they shot into a car and inadvertently killed a person who was unarmed and was not a threat to them, the person shooting at them could be charged with manslaughter because in law there was no right to be shooting at the police.Transparencyin policingDefence attorney Saira Lakhan yesterday said the case highlights the need for transparency in policing, the use of body cameras and strengthening of the public confidence in the criminal justice system.She noted that as attorneys and officers of the court, there must be respect of the constitutional independence of the Office of the DPP and the legal process that is unfolding.She added, “At the same time, it is equally important that the public maintains confidence that all investigations and prosecutorial decisions are grounded in credible evidence, fairness, transparency and due process.”Lakhan, who is head of the Assembly of Southern Lawyers but made the comment in a personal capacity, said, “The seriousness of these allegations means that the evidence will ultimately have to be carefully ventilated before the courts and not merely through public commentary or social media speculation. Every accused person is entitled to the presumption of innocence and a fair hearing before an impartial tribunal.”She added, “Given the level of public interest and concern surrounding this matter, I also believe this case further highlights the urgent need for enhanced transparency in policing, wider implementation of body-worn cameras, and continued strengthening of public confidence in the criminal justice system.”She said her thoughts remained with the families affected by the tragic incident which has deeply impacted the national community.On Thursday the police, in a release, stated that arrest warrants for shooting with intent to cause grievous bodily harm to police officers and manslaughter in relation to the unlawful killing of Samaroo were issued for Sealy.This followed the January 20 fatal shooting of Samaroo which occurred at the corner of College Road and Bassie Street Extension in St Augustine.Video footage of the shooting on social media sparked outrage from members of the public and protests from some of them and also those close to the couple.A post with the heading “We need to stand with Kaia” tomorrow at 3 p.m. at the Police Administration Building, in Port Spain, circulated yesterday on social media.
