High Court Justice Christel Lambert-Meertins has ordered the release of Nikita Greene, the mother of Constable Ryan Greene, from police custody after the state failed to justify the grounds for her detention.
While Ryan remains in police custody, Attorney General Anil Nandall disclosed that the state would apply for an extension of 72 hours as the police investigation continues.
Attorneys Dexter Todd and Daren Wade welcomed the ruling, while maintaining that the authorities had failed to identify an offence linking Nikita to any unlawful conduct.
The ruling distinguished her circumstances from those of her son, whose continued detention the court did not bring to an end, according to the attorneys’ accounts of the proceedings.
Todd said the judge had drawn a distinction between Nikita Greene’s detention in a lockup and Constable Ryan Greene’s position as a serving police officer under close arrest.
“Ryan’s story is different. Ryan is a member of the force,” Todd said. “So, the circumstances, I agree with the judge, are a bit different.”
According to the attorneys, the judge’s reasoning on the constable’s continued detention concerned the suspicion arising from the conduct attributed to Ryan, rather than a determination that the elements of a criminal offence had been established.
Wade said the judge had referred to cybercrime legislation but had not decided whether any particular offence could ultimately be proved.
Both attorneys said they would contest the use of any alleged confession by constable Ryan if charges were brought.
Todd questioned whether investigators had put a specific allegation to the constable and properly cautioned him before obtaining any statement. He argued that these circumstances would affect whether the alleged confession could be used in court.
Wade said the defence would examine the circumstances surrounding any recorded or written statement once the relevant material became available.
He also raised the possibility that concern over his mother’s arrest, or a threat to arrest her, could have influenced the constable’s cooperation. However, Wade said he did not yet have instructions establishing that this had occurred.
