Habeas corpus writ issued in child abduction case

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-following deported mother’s death
FOLLOWING the death of deportee Anita Persaud called ‘Dolly’ and the alleged abduction of her infant son, Ethan (16 months) a Writ of Habeas Corpus was applied for by Denowattie Sookdeo, the aunt of the infant who alleges that the police had given custody of the child to a relative of the father, (a Guyanese who with his lover) went to Canada via the back track route.
Subsequent to the death of deportee Anita Persaud called ‘Dolly’ at the Georgetown Hospital recently and the alleged abduction of her 16-month old infant son. Denowattie, the aunt of the child applied for a writ of habeas corpus to compel the police to produce the body of the child.
When the matter was called  before Justice Brassington Reynolds at  10:00 hours on Saturday, Assistant Superintendent of Police Terrance Paul of the Criminal  Investigation Department , Leonora Police Station, West Coast Demerara, presented  an affidavit in answer in which he denied accusations made against him in the  applicant’s affidavit.
He referred to a sister of the dead woman by the name of Tarawattie Ruiwen whom he said had abducted the child Ethan Jaichand Lachman and unlawfully confined him.
He said that the first time he saw Ethan Lachman was on the 23rd   of April, 2012 at the home of Tarawatie  Ruiwen and the child remained in te custody of Tarawattie until she handed over the said child to Sabitre Arjun in the presence of Harry Narine Arjun at the Leonora Police Station on the said 23rd of April.
His affidavit was drawn up on his instructions by Senior State Counsel Miss Zamilla Ally of the office of the Director of Public Prosecutions.
After the death of the mother Anita Persaud called ‘Dolly’ the child it is said was in the custody of his Aunt Denowattie Sookdeo and her sister Tarawattie.
The applicant Denowattie Sookdeo,  whose  sister Anita Persaud called ‘Dolly’ now deceased, had with  her  lover left Guyana for Canada not by the conventional means  and was  later deported  to this country,  along with her infant son born on  September 18, 2010  was held by Canadian Immigration officials and deported with her baby.
Anita Persaud’s lover at first had denied paternity of the child, but after the woman agreed to have DNA testing which proved that all was well, he accepted paternity, the applicant said in her Notice of Motion.
However, the couple separated and the male lover married a Canadian citizen in a faked ceremony with a view of regularising his illegal status, the applicant is alleging.
The applicant is contending that prior to her sister’s death, who was ill when she was deported,she had entrusted the custody, care and control of the child to ‘myself and another sister Tarawattie Ruiwen.
She said that her sister who was then caring for the said child went to the Leonora Police Station to make enquiries but got no information.  She was told to return later.
At about 17:30 hrs the said Tarawattie said she returned to the Leonora Police Station, when  she was told to bring the child Ethan Jaichan Latchman to the  station and when she refused, she was placed in the lockups at Den Amstel Police Station and only released on the afternoon of Monday April 23, 2012 after representation was made by her lawyer.
“While Tarawatie was in custody, the child was being cared for by me, “the applicant said.
“The said Tarawatie Ruiwen advises me (applicant) and I verily believe that  about 7:00 pm she was in her home.  Her gate was locked. Assistant Superintendent Paul dressed in civilian clothes jumped over her gate and pushed open her closed door and entered her house without a warrant and other authorisation.  He was accompanied by a female also dressed in civilian clothes.  On enquiry the said female said they did not need a warrant or other authority to trespass in the home.
“I was informed by the said Tarawattie Ruiwen and do believe that the child Ethan was upstairs. The female officer went upstairs into the  hallway and demanded that she (Tarawattie) clothe herself  and  bring the said child  or be arrested and locked up  for a further three days.” Tarawattie said for fear of further incarceration,she took the child to the Leonora Police Station where she was told Immigration would take the child.
At the station, there was no Immigration Officer but a person who claimed to be the step-grandfather of the child Ethan.   My sister said that Assistant Superintendent Paul commanded her to hand the child to the said step-grandfather which out of fear she did.
Appearing in court for the applicant Denowattie, is Mr. Bernard De Santos, S.C.
The Writ of Habeas Corpus is directed to the Commissioner of Police and Assistant. Superintendent of  Police Paul, operating out of Leonora  Police Station, West Coast, Demerara,  and Mr. Arjun of Canal No. 2 West Bank Demerara,  to  produce the body of the said infant  named  Ethan Jaichand Latchman born  on September 18,  2010 to Anita Persaud now deceased , the sister of the applicant before the court immediately after receipt of such Writ to undergo and  receive all and singular such matters and things as the court  shall then and there consider and concerning his behalf.
In an affidavit in answer by Assistant  Superintendent  of Police Terrace Paul denied any wrongdoing in relation to the matter and claimed  that the infant  was abducted and being unlawfully  confined by Tarawattie Ruiwen.
He said that the investigations were conducted by himself and other ranks of the Guyana Police Force.
Further hearing continues on Wednesday.