The High Court has ordered the immediate release of 69-year-old Star Sabga from prison, directing that she be placed under strict house arrest while her constitutional challenge against the Preventive Detention Order (PDO) issued against her proceeds before the courts.
Justice Vigel Paul delivered the ruling on Monday, finding that Sabga had established a serious issue to be tried and that the balance of convenience favored granting interim relief.
The release, however, was temporarily stayed until 11:20 p.m. after attorneys representing the State requested time to seek an appeal of the decision.
Sabga, the aunt of businesswoman Genevieve Hadeed, has been detained since June 25 after Homeland Security Minister Roger Alexander signed a Preventive Detention Order against her. She is challenging both the legality and constitutionality of the order.
In delivering his oral ruling, Justice Paul said the court had the authority to grant interim relief in constitutional proceedings.
“I agree with attorneys for the applicant the court has the power to decide on interim relief,” the judge said.
Responding to the State’s reliance on national security concerns, Justice Paul emphasized that the courts retain an independent constitutional role.
“The mere assertion of a threat to national security does not usurp the powers of the court,” he said.
Addressing the balance of convenience, the judge acknowledged the seriousness of the alleged threat to the Prime Minister and members of the Government but said those concerns had to be weighed against the evidence presented.
Justice Paul described Sabga as a 69-year-old woman of good character and noted there was no evidence before the court placing her in any conspiracy.
“On the material placed before me, as far as the alleged conspiracy ends with that conversation,” he said, referring to the audio recording relied upon by the State.
The judge also pointed out that Dominic Hadeed and Genevieve Hadeed, who had previously been identified by the State as alleged co-conspirators, had since been released.
“The court cannot see how the continued detention of this elderly applicant could be necessary for the disruption of the alleged conspiracy,” Justice Paul said.
The constitutional proceedings challenging the Preventive Detention Order are expected to continue, while the State considers its appeal against the interim ruling.
