THE Chief Justice, the Director of Public Prosecutions and the Attorney General owe this country an explanation as to why there has been no justice ten years after the assassination of Dana Seetahal.
This is the view of president of the Criminal Bar Association Israel Khan, SC, who revealed that following Seetahal’s murder, he was under police guard for two years as he suspected her death was related to the murder trial of businesswoman Vindra Naipaul-Coolman.
On March 4, 2014, Seetahal was murdered around 12.05 a.m. while driving along Hamilton Holder Street, Woodbrook. At the time, she was returning to her One Woodbrook Place home after leaving the Ma Pau casino on Ariapita Avenue.
Ten men were committed in 2020 to stand trial for her murder. Speaking on TV6’s Morning Edition on Monday, Khan said ten years later there is still no trial for the ten men accused of being involved in Seetahal’s killing.
He said this is a travesty of justice for both the accused, who are presumed to be innocent until proven guilty, and for Seetahal’s family and friends who have no closure.
Seetahal, he said, is a “shining example” that the criminal justice system is on the verge of collapse and at a standstill. Khan said further that ten years later, no one knows why Seetahal was gunned down.
“We are yet to know the motive for this killing. I do not know if it will come out in the trial,” he said.
Khan noted that at the time of the murder he was leading the prosecution on behalf of the State in the Naipaul-Coolman murder trial, and Seetahal and Gilbert Peterson, SC, were his co-counsel. Shortly after he opened the case, Seetahal was assassinated, he said.
“We got the impression that it had something to do with the case and Peterson and I remained prosecuting that case. I was under lock and key for two years; taxpayers had to pay police to protect us,” he said. “And I am still alive, so we suspect it had nothing to do with the case. We do not know why Dana Seetahal was murdered,” he said.
They must account
Khan said the powers that be—Chief Justice Ivor Archie, DPP Roger Gaspard and AG Reginald Armour—must account for the delay in justice not just for Seetahal, but for all who are forced to wait ten to 15 years for a trial when accused of murder.
And Prime Minister Dr Keith Rowley must demand answers, he said.
He said the delay in justice and the slow pace of the criminal justice system are a “slap in the face” to the rights of citizens.
“The criminal justice system is failing the population of Trinidad and Tobago,” Khan added.
Seetahal, he said, was a “high profile” person doing everything in accordance with the law, but there appears to be no expediency in ensuring there is justice.
“She had been brutally assassinated, people have been charged, and the matter is just hanging over the accused’s heads and no closure to her death,” he said.
Khan said “extra attention” should have been placed on expediting this matter because of the personality involved.
“It is a condemnation of the criminal justice system and if it could happen to someone like Dana Seetahal, what about the ordinary citizens? The matter should come to a conclusion and I don’t foresee this matter being tried in a year or two years’ time because the Director of Public Prosecutions must go through the hundreds of witnesses’ statements, over 8,000 pages of evidence,” he said.
CJ should explain
Khan said attorneys for the State have to be appointed, and for the accused. He also estimated it may be another 18 months to two years for things to get moving with the case.
He lamented this was the pace of justice, as he noted that recently he represented six police officers who killed three people while on duty and they remained in custody for 12 years until the trial came to a conclusion.
Khan said something is wrong when the criminal justice system is at a standstill and billions are being spent on national security and the Judiciary.
“The Chief Justice should be asked to explain why people have to wait 12 to 15 years for a murder trial,” he said.
Khan said the Executive allocates a budget to the Judiciary and so the Chief Justice is in charge.
“Let him give an explanation to the country. Maybe he has a good explanation as to why this particular case is pending for ten years; and why other cases, people are locked up for 15 and 12 years and they are not being tried and they are presumed to be innocent,” he said.
As for his own recommendations at addressing the issues that plague the system, Khan said murders should be categorised into first, second and third degrees, and more judges should be appointed.
Khan also announced that the Criminal Bar Association will host a ceremony on May 25 commemorating Seetahal’s legacy.
