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ATTORNEYS representing head of the Special Operations Response Team (SORT) Insp Mark Hernandez have written to Police Commissioner Gary Griffith, giving him until 4 pm Friday to release Hernandez.
They have warned if Griffith fails to do so, they will approach the High Court for a writ of habeas corpus for the commissioner to justify Hernandez’s continued detention.
Hernandez has been in custody since about 6.45 am on Wednesday. Attorney Wayne Sturge said he had been “incarcerated in excess of 53 hours, far beyond the reasonable common law limitation for the detention of a citizen without charge.”
[caption id="attachment_884477" align="alignnone" width="834"] Attorney Wayne Sturge who is seeking Insp Mark Hernandez's interests. - CHOLAI[/caption]
Hernandez was taken from his home on Wednesday by officers of the Professional Standards Bureau for an interview relating to an ongoing police investigation into the abduction and murder of court clerk Andrea Bharatt.
Sturge said officers “arrested” his client, who has not yet been charged with any offence. Up to this afternoon, Hernandez was still detained at the Pinto police station.
“Officers of the TT police service have had more than two and a half months to investigate this incident and to date there are still unable to obtain evidence that my client was involved in the commission of any offence arising out of this incident,” Sturge said.
Newsday understands Hernandez and a woman police constable are still in custody and were to be put on identification parades on Friday.
Also on Friday, another SORT officer was released from custody, leaving only Hernandez and the WPC.
Sturge told Griffith it appeared Hernandez was interviewed with the expectation that he “would reveal evidence that would allow him to self-incriminate in the commission of criminal offences” so that he could be charged.
Sturge said this was “clearly unlawful in the extreme.” He said, “My client has been the subject of this type of action since the time that he subjected himself to this interview process.”
He said what was "pellucidly clear" was that, at present, investigating officers have no evidence his client was involved in the commission of any criminal offence.
"The further deprivation of my client's liberty in those circumstances is clearly unlawful."
Attorney Mario Merritt and John Heath are also representing Hernandez.
 
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