A FRESH legal battle over the pace of businessman Dominic Hadeed and his wife Genevieve’s judicial review and constitutional challenge against the issuance of Preventive Detention Orders (PDOs) against them will come before the Court of Appeal today, even as they remain in prison pending the outcome of a separate appeal at the Privy Council.At 10.15 a.m., a panel is scheduled to hear a procedural appeal filed by the Hadeeds’ attorneys challenging the decision of High Court judge Justice Vigel Paul not to expedite the hearing of their constitutional claim.The appeal arises out of proceedings before Justice Paul earlier this month, when the couple sought urgent consideration of their claim, mainly on the basis that Dominic Hadeed’s continued detention posed serious risks to his health.During that hearing, the judge dealt with a number of procedural issues, including objections raised by the State to aspects of medical evidence filed on Hadeed’s behalf.He granted the Hadeeds permission to file an application seeking to have one of their medical witnesses recognised as an expert and directed the State to file its own procedural application before recalling the matter.When the case returned before Justice Paul last Friday, he fixed the matter for directions in mid-September rather than giving it an earlier hearing date.The Hadeeds’ attorneys have since challenged that decision, contending that the judge ought to have treated the claim as a matter of urgency. Their case centres on the legality of their continued detention under the PDOs.Other appeals Today’s hearing comes against the backdrop of two other appeals that were heard last week concerning the couple’s detention.The Hadeeds have remained in custody despite a ruling last Thursday by Justices of Appeal Peter Rajkumar, Mira Dean-Armorer and Joan Charles.The judges had directed that the couple be released from prison and placed under house arrest, subject to strict conditions, pending the determination of their legal challenge.However, that order has not taken effect given that another panel comprising Chief Justice Ronnie Boodoosingh, Mark Mohammed and Ricky Rahim granted a stay of the ruling, directing that they remain in custody pending the hearing and determination of the appeal at the Privy Council against the original Appeal Court ruling.Although no date has yet been fixed for the Privy Council hearing, it is expected to be heard and decided before the end of this month because of the time-sensitive nature of the dispute.Dominic and Genevieve Hadeed have been in custody since June 24 after being detained under emergency powers.They were subsequently served with PDOs signed by Homeland Security Minister Roger Alexander.The State has alleged that intelligence information links the couple to a conspiracy to assassinate Prime Minister Kamla Persad-Bissessar, Attorney General John Jeremie and other senior Government officials.The Hadeeds deny the allegations and have not been charged with any criminal offence.Today’s Appeal Court hearing will determine whether Justice Paul’s refusal to fast-track the constitutional claim should stand or whether the matter should proceed on a more urgent timetable.
Fresh legal battle
A FRESH legal battle over the pace of businessman Dominic Hadeed and his wife Genevieve’s judicial review and constitutional challenge against the issuance of Preventive Detention Orders (PDOs) against them






