Aborted child taken out of jurisdiction illegally
ASSISTANT Police Superintendent Terrence Paul, of the Criminal Investigation Department of the Leonora Police Station, West Coast Demerara, yesterday told Justice Brassington Reynolds he had information that 16-month-old Ethan Jaichand Latchman – the infant he was supposed to produce in court — had been taken out of the country through Moleson Creek on the Corentyne en route to Canada via Suriname. The information the officer supplied was in response to Denowattie Sookdeo’s application for a writ of habeas corpus in respect of 16-month-old Ethan Jaichand Latchman, a male infant of Guyanese nationality, whose maternal aunt the Assistant Police Superintendent had forced to hand him over to a male purporting himself to be the child’s step grandfather, on 27th April, 2012.
Denowattie Sookdeo is another sister of the mother of the child — Anita Persaud, called Dolly, who had been deported from Canada as an illegal immigrant along with the child born on September 18, 2010, and had died at the Georgetown Public Hospital.
Justice Reynolds had granted leave to the DPP or the State to file a summons of rejoinder in the matter. He had also granted Senior Counsel Mr. Bernard De Santos the right, three days later, to file an answer to the rejoinder. That matter was adjourned to May 11th at 13:30 hrs.
The matter, which was last heard on Saturday, was called up yesterday morning, when it was expected that the implicated police officer would have produced the step-grandfather and the abducted infant.
But instead of producing the exhibits, Asst. Supt. Paul produced documents to show that the child had been taken out of the jurisdiction.
At yesterday’s calling of the matter, the applicant Denowattie Sookdeo was represented by Miss Kayreen Stephenson, who was holding for Mr. De Santos because he was in another county.
Following the death of deportee Anita Persaud, called ‘Dolly’ and the alleged abduction of her infant son, 16-month-old Ethan, a Writ of Habeas Corpus was applied for by Denowattie Sookdeo, maternal 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 then lover Anita Persaud, had gone to Canada via the backtrack route.
Subsequent to the recent death of Anita Persaud, called ‘Dolly’, at the Georgetown Public Hospital, 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 up before Justice Brassington Reynolds at 10:00 hrs on Saturday, Police Assistant Superintendent Terrace Paul presented an affidavit in answer in which he denied accusations made against him in the applicant’s affidavit.
He referred to one Tarawattie Ruiwen, a sister of the late Anita Persaud, called Dolly, whom he said had abducted the child Ethan Jaichand Lachman and had unlawfully confined him.
He said that the first time he had seen Ethan Lachman was on the 23rd April, 2012 at the home of Tarawattie Ruiwen, and that the child had remained in custody of Tarawattie Ruiwen until she had handed him over to Sabitre Arjun, in the presence of Harry Narine Arjun, at the Leonora Police Station on 23rd April last.
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 was reportedly in 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.
Anita Persaud’s lover at first had denied fathering the child, but after DNA testing had proved his culpability, he accepted paternity, the applicant said in her Notice of Motion.
However, the couple separated, and the male lover wedded a Canadian citizen in a faked marriage with a view to regularising his illegal status, the applicant is alleging.
The applicant is contending that her sister was unwell when she had been deported; and prior to her death, 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 that day, Tarawattie allegedly returned to the Leonora Police Station, where she was told to bring the child Ethan Jaichan Latchman to the station; and when she refused, she was placed in the lock-ups at Den Amstel Police Station, and only released on the afternoon of Monday, April 23, 2012 after representation had been 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 at about 7 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, entered her house without a warrant and other authorisation. He was accompanied by a female, who was also dressed in civilian clothes. On enquiry, the said female (stated that) 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 that for fear of further incarceration, she took the child to the Leonora Police Station, where she was told that 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.
The writ of habeas corpus is directed to the Commissioner of Police;Assistant Police Superintendent 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, Assistant Police Superintendent Terrence Paul denied any wrongdoing in relation to the matter, and claimed that the infant was abducted and had been unlawfully confined by Tarawattie Ruiwen.
He said that he and other ranks of the Guyana Police Force had conducted the investigations.
At the further hearing which was continued yesterday, Senior State Counsel Mrs. Judith Gildharie-Mursalin represented the DPP and the State.
Habeas corpus writ issued in child abduction case…
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