…Top Cop defends granting of bail to accused
…says proper probe was done in alleged assassination plot

POLICE Commissioner Seelall Persaud on Monday said there was sufficient reason for the granting of bail to key players in the alleged plot to kill the President and that he had not explicitly given any instruction for the men to be released on bail but rather made a suggestion.
The police chief made the comments while giving his testimony at the Commission of Inquiry (CoI). Bail was granted to the alleged plotter, Nizam Khan, his brother Imran Khan, and accuser, Andre Gillard.
Speaking before the Commission in a packed room, Persaud who is currently on annual leave said he simply provided an opinion to a junior rank of the force based on information presented to him. He said he learnt of the assassination plot when his friend Imran Khan called him after 16:00h and informed him that the police was at his brother’s home without a search warrant and requested to search his property. “I called Blanhum who is the head of CID and he indicated to me the report of the allegation. I immediately called Imran Khan and told him what the allegation was and advised him to tell his brother to cooperate.”
The Police Commissioner told the Commission that he received another call from Khan later the afternoon but he missed the call. “I returned the call and was told he was arrested for disorderly behaviour. He said he went to make a complaint that Gillard threatened him and the police refused to take the report because the rank said they did not hear the threat.”
Persaud said he immediately contacted Head of the Major Crimes Unit, Assistant Superintendent Mitchell Caesar and cautioned him about the likelihood of distraction. Later that night, the Police Commissioner who was confirmed in the post in 2015, said at about 21:00h he received another call from Imran Khan indicating that he was placed on $20,000 bail but he had no money on his person to pay the bail.

“I called Blanhum but did not get through, called Caesar, did not get through. I called Inspector Narine to whom I got through.
I undertake to him to have Imran report at the station whenever they want him, if they can send him on his own recognisance and he agreed,” Persaud told the Commission, while noting that Inspector Narine told him that he formed the opinion that Gillard was lying.
“I asked why he thinks so, and he outlined the time the incident occurred and when it was reported…and there being no justifiable reason for it not being reported before,” he said, noting that credibility was a major factor.
“I then told him, it is wrong for us to put someone in custody who hasn’t committed a breach of the law and I would have put him on bail. At that time I was on annual vacation leave,” he stated, noting that he became involved in the matter on April 3, when he resumed duty.
He said upon his resumption, he continued to monitor the case, brief Minister of Public Security Khemraj Ramjattan and the National Security Committee on developments on the matter until he proceeded on leave on July 22. Attorney for the Commission James Bond asked, “Is it your evidence, categorically, that you did not give the instruction for Nizam Khan to be placed on bail?

“Specifically no, I did not follow up to find out whether that was done or not. However, when the Commissioner of Police or a senior rank makes a suggestion to a junior rank, it is the culture of the junior rank that they carry it out,” said the Police Commissioner. He said too that he did not instruct officers to place Imran Khan on bail. “No, when I learnt of Imran Khan’s bail, he was already placed on bail. It is just because he didn’t have the money to pay the bail at the time.”
The Police Chief said he was made aware after the fact that Imran Khan’s firearm was taken away from him but noted that it is a policy of the force to remove from persons arrested their firearms. “I know him a long time and I know he carries his firearm around with him,” added Persaud. “Categorically, did you give permission for the firearm of Imran Khan to be returned to him?” questioned Bond. “No. I had no discussion with anyone about the firearm belonging to Imran Khan. The Police Commissioner told the Commission that he did not discuss the alleged plot to assassinate the President and that investigation with any other senior officer of the GPF.

“Did you at any time from March 29- April 3 have any discussions with the Acting Police Commissioner with respect to this matter?” asked Bond. Persaud responded in the negative while stating, “I didn’t see the need to…usually when he has a difficulty with any issue he would call for advice and he did not call.”
While admitting to being friends with Imran Khan he said Nizam Khan was not his friend and noted that he has no business relationship with Imran Khan. “I don’t have a business solely or jointly,” Persaud noted. He noted too, that while on leave he would often time entertain complaints from members of the public and pass them on to respective officers. “Even while on leave I play a part… I cannot turn my back.”
Asked whether he agrees his involvement in the matter rendered some assistance to Khan, Persaud said yes. “In terms of going off on bail and his own recognisance, yes, but the force has a policy that as a general rule, no one should be placed in custody for minor offences. They should be processed and released, whether on cash or their own recognisance.”

“Is that policy extended to matters such as treason and murder which are non-bailable? asked Bond to which the Police Commissioner who was enlisted in the Force since 1984 said, “Treason and murder are not minor offences, so no.” “Would you then therefore conclude that the matter of granting bail to Nizam Khan especially went against the grain of that policy?” the attorney questioned. “No, not at all. I gave my opinion to Inspector Narine, I think my judgment was sound and I think it is still sound,” the Top Cop said noting that the allegation can amount to treason.
“Yes, my understanding of the law is that inciting murder that involves a Head of State can have wider implications which can include treason.” Persaud said he is not surprised that Inspector Narine would testify that he instructed him to release the men on bail, but maintained that “I did not give him an instruction but advice. He said he did not know the Inspector would have acted on his advice. He only tried contacting the Crime Chief and Head of the Major Crimes Unit once by mobile device.

Granting of bail
He said the gravity of the offence is a major consideration in the granting of bail but it is not the only consideration. “As a matter of fact, the principle enshrined in our standing orders that deal with bail states, that no one should be in custody a moment longer than is absolutely necessary.” Persaud added that he was fully aware that the investigations were incomplete when bail was granted to Khan.
He referenced Standing Order 64 which he said deals with the investigation of crime and noted that while it does not speak specifically to treason, it outlines the procedure which indicates that there should be team work between the crime chief and divisional commander, certain key officers of the force must be informed and a general practice has been that the police work closely with legal advice.
He stressed that sufficient investigation had been done for consideration to be given to the granting of bail. “I think they had sufficient information…the information contained in those two statements were sufficient for bail to be granted,” said Persaud who served as Crime Chief from 2007 up to 2014. He does not believe that he was undermining the investigation.

Friendship
Meanwhile, the Police Commissioner said his relationship with Imran Khan was not unlike any other friendships he shared. He told the Commission that he met Khan in 2004 while working and they became friends. He disclosed that he did not approve Khan’s application for a pistol but approved an application for an upgrade from a 9mm to a .45 firearm. He could not recall when the approval was granted but noted that it was during his tenure as Commissioner.
Persaud disclosed too that Khan has a rifle which he provided approval for as well. He explained that his friend is a business man who runs a spare parts store, does real estate and operates a mining concession. He explained that Khan’s weapon was upgraded for use when transporting large quantities of gold from his mines.
Attorney representing Imran Khan questioned whether the police commissioner was aware of any illegalities conducted by Khan over the period to which they became friends. “No, none that I am aware of,” said Persaud who made it clear that when he met Khan, he was already licenced to carry a firearm.

Proper investigation conducted
Attorney representing television journalist Travis Chase asked Persaud to outline his experience and qualifications. The Top Cop told the Commission that he attended Harvard University where he studied national and international security. He was also trained by the Federal Bureau of Investigation (FBI) Academy in Virgina, U.S.A, as well as by the Scottish Police. He participated in several drug investigation courses globally.
Chase had testified that he believed the Police did not investigate the allegation of the assassination plot properly. Assistant Police Commissioner (ACP), David Ramnarine, who is currently acting Police Commissioner had also testified that the investigation was poor. But Persaud disagreed noting that it is unfortunate that Ramnarine chose to relate such at the COI and not during the course of the investigation or to his superiors and the National Security Committee (NSC).
“On the contrary, I think a proper investigation was done in the matter,” said the Police Commissioner who noted that he is unaware of a cover up by the police in the matter. He noted too that there was no evidence to suggest that the release of the accused and accuser affected the investigation. According to Persaud, Acting Police Commissioner Ramnarine was never a member of the Criminal Investigations Department (CID),. He said he read about 60 pages of statements made in the matter.

Failure to take notes
Pieters sought to chide Persaud for failing to take notes provided to him on the matter. Persaud said he did not have a pocket book while adding that he only records information in his diary if he deems it necessary. As such, he told the Commission he did not see it as necessary to take notes on the assassination plot. Pieters suggested that his failure to take notes on the matter amounted to a neglect of duty, a statement Persaud did not agree with. He disclosed, while being questioned, that he did not review a report prepared by the Crime Chief that was sent to the National Security Committee.
Ramnarine had testified that upon resumption of duty, Persaud asked him to hand over the report to him and he would compile same and submit to the National Security Committee (NSC) and the President. “If he said that it is not true. I asked Blanhum to prepare the report…We have very competent officers investigating…my job is not to investigate…I monitor, give advice…” said Persaud, who repeatedly smiled as Pieters asked the questions.
“There is nothing to smile about in the witness box,” said the attorney to whom the Police Chief replied, “I am sorry for upsetting you…I am just being me.” Additionally, Persaud noted that upon hearing of the allegation he did not contact then Head of the Presidential Guard, Brian Joseph, as he was confident it was done by his subordinates.

No time to waste
Questioned about the suitability of Ramnarine to act as Police Commissioner, Persaud said it is the next most senior officer to act in the capacity and given that Ramnarine is the next most senior officer it is most fitting that he acts as Commissioner.
“Did you have any reason to doubt Mr Ramnarine’s professional judgment and as a result discredit his assessment of the investigation as he testified to in public?” asked Pieters.
“I read in the press that he said persons for lesser offences are placed in custody for 72 hours. That is a huge lack of conceptual skills. The issue of bail is not premised only on the gravity of the offence…so his concept on the issue of bail is heavily flawed.”
Persaud told the Commission that he has not expressed his opinion on Ramnarine’s ability to act in his position. “But I have made known to the Minister, matters that I have sent for investigation regarding, or what I thought was unprofessional behaviour of Mr Ramnarine and I also copied some of those letters to the Police Service Commission (PSC),” said Persaud, who made it clear that he never addressed who should run the Force as it is not his decision to make.
Asked why he did not contact Ramnarine while on leave, he said, “…there was no need to contact him…putting effort into something that is no need, is a waste of time.” Persaud was also cross-examined by his Attorney Glen Hanoman, Attorney Christopher Ram and Commissioner, retired Assistant Commissioner, Paul Slowe.