By Robert A. Emmanuel
Attorney-at-law Wendel Robinson, representing Dominican businessman Dowlin Alexander, says his client had his right of free movement violated by Antigua and Barbuda’s law enforcement authorities.
The lawyer confirmed that he has filed a constitutional motion against the offices of the Attorney General and Commissioner of Police, alleging “unlawful arrest, unlawful detention, breach of his liberty and his movements, and a breach of his rights under the treaty of Basseterre”.
The well-known Dominican entrepreneur was arrested at the VC Bird International Airport last week and held for 48 hours, until he was later released and went back to Dominica without any charges laid.
The arrest came about as a result of an Interpol notice regarding alleged illicit activities on behalf of the French authorities.
“Anybody can be issued a red notice; allegations are something that can be made against any person but proof of it is another [issue] as well as whether or not there are cogent evidence against an individual,” Robinson said.
“Because a warrant of arrest was issued by France does not give automatic right to have the person detained and in custody; there is a process that one must go through, which the police follow through, and that process was non-existent,” he explained.
Robinson alleged that his client was placed in inhumane conditions when detained and Alexander has now sought damages of over $100,000, which his attorney believes could be significantly more if he is successful.
“If the French authorities wanted him arrested, then there is a process following, even with a mere warrant issued by the French authorities; it does not automatically give the Commissioner of Police or any of his officers the authority to arrest.
“One has to look at the aggravated circumstances. This man left the comfort of his home, travelled to Antigua and Barbuda, and was given no substantive reason why he was detained and one knows the conditions of St John’s Police Station; [it] has been that way for decades, despite anyone who might say it was fixed,” the attorney stated.
Originally, Robinson filed for a habeas corpus against the government alongside the constitutional motion, but that became moot following Alexander’s release.
“He was served with no red notice, no documents at the time of his arrest nor at the time when he left the country voluntarily; he was not given a copy of any document,” Robinson added.
Attorney General Steadroy Benjamin was approached for comment.
“The documents were served on my chambers recently,” he said, adding, “I am of the very firm opinion that this action will fail since there is no merit in the action as filed and served.”