Professor Hamid Ghany: Hadeed Case Shows No One Is Above State of Emergency Laws

Political scientist Professor Hamid Ghany says the ongoing court matter involving businessman Dominic Hadeed, his wife, Genevieve, and a relative has challenged the public perception that the laws of Trinidad and Tobago are not enforced equally against everyone.

According to Professor Ghany, the issuance of Preventive Detention Orders (PDOs) against the Hadeeds and their relative represents the breaking of an invisible societal barrier and highlights the principle that all citizens should be subject to the same legal standards.

“One of the things that has emerged is there is no class barrier to persons who can be detained under a State of Emergency. And, I think that if there is a glass ceiling, it has been broken somewhere. It has to do with the perception that there is a class barrier. That there is one rule for one set of the society and another rule for another set in society. I think that that has been shattered.”

He added that the ongoing matter could prove instructive for both the Government and society as a whole, serving as an important test of public institutions and perceptions of equality before the law.

“It is quite possible that a number of lessons can be learnt from what has transpired. A robust challenge was mounted. It is not every day that persons can get four Senior Counsels, you know, articulating their matter before the court. But I think that kind of discourse and that kind of dialogue does offer us some ways forward in how we address these things.”

Professor Ghany maintained that the matter also indicates that the Constitution is working.

“Like everything else in our Constitution, there is robust challenging to all of the various positions that you have, which is, I think, consistent with a functioning democracy and really does not go into the zone that others had been saying for quite some time, that Trinidad and Tobago was becoming a dictatorship. And this kind of dictatorship talk has been going on for decades. A lot of people say these things when they are perhaps disappointed with outcomes.”

He elaborated, pointing to the continuing debate on the State of Emergency as evidence to support his argument.

“I think that so far the constitutional compliance is very high and Ministers are exercising their powers in accordance with the Constitution. And I think that there are issues from the debate around the State of Emergency that are coming up. I see a lot of commentary out there about various aspects of emergencies and so on. But I think that the history of States of Emergency will tell us something that can add to this overall debate as we go forward as a country.”

The Hadeeds and their relative were detained by the State via a Preventive Detention Order for allegedly being involved in a complex conspiracy to murder Prime Minister Kamla Persad-Bissessar and other senior Government Ministers.

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