Lawyers representing former junior national security minister Collin Partap yesterday made a no-case submission as they argued there was no evidence confirming the former minister refused to undergo a breathalyser exam when he was stopped by police officers on August 26 last year. A second argument claimed Partap had not been informed of the reasonable cause by officers who stopped him on the night in question about their suspicion he had consumed alcohol exceeding the prescribed limit.
That, despite testimony from PC Vijay Omardath that he had seen Partap drinking from a whiskey bottle and then passing it to his friends and later smelt alcohol on Partap’s breath and heard his slurred speech. Partap’s legal team, which is being led by Senior Counsel Israel Khan, made the submission before Chief Magistrate Marcia Ayers-Caesar in the Port-of-Spain Eighth Court, during the trial which began on Monday and continued yesterday. The defence closed its case yesterday.
Telling the court Partap had eventually undergone a breathalyser and had “passed it with flying colours” after his blood alcohol level measured 28 microgrammes per every 100 millilitres of breath, Khan referred to the advice given to Williams to charge Partap as “hee-haw” or “donkey advice.” Pointing to Partap, who was seated in the prisoner dock, Khan accused officers of wanting to “humiliate him and treat him like a common criminal.”
Partap, who was fired by Prime Minister Kamla Persad Bissessar nine months ago, pleaded not guilty to the charge that on August 26, 2012 at the corner of Keate and Frederick Streets, Port-of-Spain he, being the driver of vehicle PCM 1016 and without reasonable excuse, failed to provide a breath specimen to a police constable when requested. Partap was fired on August 26, 2012 hours after he was stopped by police officers after he left a Port-of-Spain nightclub.
Referring to the incident Khan said Partap was illegally arrested and the officers failed to conduct the breath test at the scene of the incident, instead opting to take him two-and-a-half miles to the Belmont Police Station where a certified technician would administer it. He said it was clear the Director of Public Prosecutions (DPP) Roger Gaspard had not done his research before advising that Partap be charged with the particular offence as “there was not one iota of evidence that Collin Partap had refused to take a test.”
However, prosecutor George Busby stressed officers could stop anyone they “suspect” of having consumed alcohol beyond the legal limit and who were driving or attempting to drive. Also testifying yesterday was certified breathalyser technician WPC Susan Daniel who said Partap refused to take the test when he was first asked. The matter has been adjourned to June 5.
