A police officer who was charged with drunk driving 12-years ago, long before the breathalyser was introduced, was yesterday freed of the charge and is now contemplating filing a case of malicious prosecution against the State.
Police Constable Shazad Hosein, 43, of Penal, was also freed of a charge of disorderly behaviour stemming out of the same incident.
He was found guilty of careless driving but Magistrate Taramatee Ramdass, who deliberated over the matter in the San Fernando Fifth Court, agreed with submissions of the officer’s attorney Kevin Ratiram, to reprimand and discharge him on that charge so that no conviction would be recorded against him.
The charges stemmed from an incident on January 8, 2003, when Hosein collided with a parked vehicle belonging to Ag ASP Harold Seedarie outside the San Fernando Police Station where Hosein was attached to at the time. The arresting officer alleged that Hosein was driving under the influence of alcohol.
The court heard on that day Ag Inspector Edward Levia was on duty and standing in the front yard of the CID office located on Harris Promenade when he observed Hosein reversing his car, PAR 9381, and it collided with the parked vehicle, PBE 6305, belonging to Seedarie.
During the hearing Levia testified that Hosein then drove forward, switched off the car and exited. He said Hosein began staggering towards the main entrance of the CID and he overheard him tell PC Curt Simon he had just struck a car and, “If I bounce a car, I go pay for it.”
Levia said he informed Hosein of his actions and got a similar reaction causing him to ask if he was drinking when he detected an aroma from his breath. He said Hosein told him he was drinking some beers but that was not his business.
In his evidence, Levia said DMO Dr Keith Seelochan was called to the station to conduct a breath test but Hosein refused to cooperate. He said he also had to assist Hosein to prevent him from falling. Levia subsequently charged Hosein for drunk driving and disorderly behaviour.
The other charge for careless driving was laid by Cpl Richard Dowridge.
Dowridge testified that Hosein dictated a statement because his hands were shaking and he refused to sign same.
Hosein also took the witness box in his own defence. While he admitted the accident did occur, he said he was reversing upon directions from police photographer PC Raghoo and denied that he was staggering or that he was intoxicated at the time.
He said Levia hurled abusive statements at him and denied he made any statement to Levia.
Hosein also alleged Seedarie cursed him, demanded $3,000 and threatened to “give him a case.” Hosein said he refused to pay and was later placed in a cell and subsequently charged.