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The magistrate presiding in the preliminary inquiry over the murder of former Independent Senator Dana Seetahal, SC, has denied participating in alleged improper communication with prosecutors in the case.
Senior Magistrate Indrani Cedeno made the denial as she disclosed the nature of the communications to defence attorneys and the accused men during a hearing at the Hall of Justice in Port-of-Spain yesterday.
Cedeno revealed that in November last year she was contacted by Assistant Director of Public Prosecutions (DPP) George Busby, who informed her that he could not attend a hearing of another case in which she is presiding.
She admitted that Busby also informed her that a relative of a police officer, who is a witness in the inquiry, had received an apparent death threat via text message.
The message merely mentioned Seetahal’s assassination in May 2014 and alleged that a violent attack would be forthcoming later that month.
“Do you want we to kill u like Dana Seetahal? We will follow u and use d AR15 and AK47 anybody who feel they on top we does put dem down in five seconds.
Watch u steps,” the message said.
Cedeno claimed she initially disregarded the message as it was not directed at her.
“I did not see it as important as the threat was vague and had wide general application,” Cedeno said.
She went on: “It appeared that the perceived threat was directed at a particular but undisclosed person and the date for carrying out the threat had passed.”
However, she admitted that 10 days after receiving the information she made a request to acting Police Commissioner Stephen Williams for an increased security detail.
Her request was ignored and in May she held a meeting with then acting Chief Justice Allan Mendonca to pursue the issue further. Cedeno admitted that before going to the meeting she contacted Busby to have him send the text message thread.
Although Cedeno claimed her request for additional security was based on other high-profile cases she is involved in, she confessed that she used the thread to justify it during her meeting with Mendonca.
After Cedeno gave the lengthy and detailed explanation, she began giving prosecutors and defence attorneys directions on filing submissions on an application for her recuse herself based on apparent bias.
Attorney Mario Merritt, who is representing five of the accused men, said he would not be pursuing the application, which was brought by attorney Criston J Williams on behalf of reputed gang leader Rajaee Ali.
“I have not seen anything to suggest that the court cannot be fair and impartial at this stage,” Merritt said.
In his response, Busby indicated that Cedeno should disclose documents which she thinks corroborate her claims and then allow the parties to file submissions on the application before she gives her decision. Cedeno agreed, provided the disclosure and adjourned the case to August 21.
In the application, Williams suggested that the communication and the failure of Cedeno to disclose it within a reasonable time was improper.
He also suggested that her conduct may make a fair-minded observer question whether she would be biased against the accused men.
In the event Cedeno agrees to recuse herself, it would mean that the preliminary inquiry, which is already at an advanced stage, would have to be restarted before a new magistrate. This would further delay the case as prosecutors will have to retender the 50 witness statements that have already been put into evidence.
The ten witnesses who have already given evidence before Cedeno will have to return to the witness stand and be cross-examined by defence attorneys.
Cedeno only took control of the case in 2016 after former chief magistrate Marcia Ayers-Caesar recused herself after it was revealed some police officers in her security detail assisted in investigating Seetahal’s murder. However, Ayers-Caesar’s recusal did not totally derail the inquiry as the State had not begun to lead evidence when it occurred.
The latest issue in the case is one of several alleged blunders by the prosecution team since reputed gang leader Rajaee Ali and 13 alleged associates were charged with the crime, a year after Seetahal was murdered on May 4, 2014. Seetahal was shot dead behind the wheel of her SUV while driving along Hamilton Holder Street in Woodbrook.