The High Court on Thursday ordered the release of Nikita Greene but declined to order the release of her son, Police Constable Ryan Greene, as investigators continue probing an alleged $800,000 payment for surveillance footage involving Opposition Leader Azruddin Mohamed.
Justice Christel Lambert-Meertins delivered the decision following an application brought by Randy Greene on behalf of his 39-year-old wife and their 20-year-old son.
Both were arrested on October 26. The constable, who is attached to the Police Force’s Command Centre, is accused of accepting money to provide footage of the October 12 shooting incident outside Senior Superintendent Prem Narine’s home.
Police have also alleged that he gave part of the money to his mother. The allegations have not been proven in court.
Speaking after the hearing, defence attorney Darren Wade welcomed the order releasing Nikita Greene, maintaining that the State had not presented evidence justifying her detention.
“Releasing of Ms. Nikita Green, we believe is the right thing. We believe there’s no evidence against her by the state,” Wade said.
He argued that she should not have been arrested and questioned whether her detention had been intended to place pressure on her son.
Attorney General and Minister of Legal Affairs Anil Nandlall, SC, also described the ruling as fair, while welcoming the decision allowing the constable to remain in custody.
“The important thing is that the police would like to keep the gentleman in custody, Ryan Green, as the investigations into his conduct are still ongoing,” Nandlall said.
According to Wade’s account of the ruling, the judge accepted that there was a basis for police suspicion warranting further investigation. He stressed, however, that the court had not determined whether the elements of a criminal offence had been established.
The defence continues to challenge the legal basis for the constable’s detention.
Wade also said any alleged confession would be examined and, if necessary, challenged should his client be charged.
Asked about a reported recorded confession, he said the defence would assess the circumstances in which any statement was obtained, including whether the arrest or threatened arrest of Greene’s mother influenced him.
Wade made clear that he did not yet have instructions establishing that this had occurred.
Nandlall, meanwhile, argued that the investigation had implications beyond the footage at the centre of the case.
He said surveillance cameras capture the movements of members of the public, including children, judicial officers and security personnel, and warned that unauthorised access to those recordings could threaten their safety.
“Those images if they fall into the wrong hands can jeopardise the safety of every single person in this country,” he said.
The Attorney General said investigators were examining the possible involvement of other people and whether any earlier breaches had occurred.
“We are now learning that other persons are involved and the police are in the process of investigating those angles as well,” he said.
Regarding Nikita Greene, Nandlall characterised her alleged role as limited to receiving money and said police would need legal advice on that aspect of the investigation. Wade disputed that there was evidence against her.
The footage concerns the incident outside Narine’s Barr Street, Kitty residence that led to criminal proceedings against Mohamed and two associates, Eugene Thorne and Mario Mohamed. Narine is also a witness in the extradition proceedings involving Mohamed and his father, Nazar Mohamed.
Nandlall has argued that the alleged payment for the recordings raises evidence-tampering concerns and that relevant material should be obtained through court disclosure procedures.
Wade rejected the tampering argument, maintaining that the footage was material the State would be required to disclose in the criminal proceedings.
