Khan outlines legal reasoning

Weeks after a fatal police-involved shooting left Joshua Samaroo dead in St Augustine, the issuing of an arrest warrant for his common-law wife Kaia Sealy on manslaughter and firearms-related charges has ignited fierce public discussion and legal scrutiny over the case. Samaroo was killed on January 20 during an encounter at the intersection of College Road and Bassie Street Extension, and circulating cellphone footage of the shooting on social media triggered widespread public outrage, street protests from Samaroo and Sealy’s loved ones, and ongoing demands for answers over the circumstances of his death.

On Thursday, law enforcement authorities confirmed via an official statement that two warrants have been issued against Sealy: one for shooting with intent to cause grievous bodily harm to responding officers, and a second for manslaughter in connection with Samaroo’s death. The unexpected manslaughter charge has left many observers confused, but leading legal figure Israel Khan, head of the Criminal Bar Association, has offered a potential framework for how the prosecution could pursue this case.

Khan explained that the manslaughter allegation does not claim Sealy directly killed Samaroo. Instead, prosecutors are expected to argue that her actions prompted officers to open fire on the vehicle while acting in the legitimate execution of their duties, ultimately leading to Samaroo’s death. Under established legal principle, he noted, if an individual fires on police and officers respond with defensive gunfire that accidentally kills an unarmed uninvolved person, the person who initiated the gunfire can still be held legally liable for manslaughter, as there is no legal justification for attacking police.

“Right now, we do not know what evidence the Director of Public Prosecutions (DPP) reviewed before authorizing these warrants,” Khan said in a telephone interview Monday. “We cannot jump to conclusions based solely on claims that Samaroo had his hands raised when shots were fired. We also cannot rule out that officers had justifiable reason to believe there was an imminent threat, that someone inside the vehicle reached for a weapon, or that shots were fired from the vehicle toward police first. All of these details will come out in open court, where the full evidence will be presented.”

Leading defense attorney Saira Lakhan, who heads the Assembly of Southern Lawyers, said the high-stakes case underscores a longstanding urgent need to improve transparency within policing, build public trust in the criminal justice system, and expand the mandatory use of body-worn cameras for all officers on duty.

While Lakhan emphasized that the constitutional independence of the DPP’s office and ongoing legal process must be respected, she noted that public confidence in the justice system depends on all investigative and prosecutorial decisions being rooted in verifiable evidence, fairness, open process, and adherence to due process.

“These are extremely serious allegations, so all evidence must be tested thoroughly in a court of law, not debated through public statements or unsubstantiated social media speculation,” Lakhan said, stressing that she was speaking in a personal capacity. “Every person accused of a crime is entitled to the presumption of innocence and a fair hearing before an impartial tribunal. Given the level of national public interest and concern around this tragic incident, this case makes clear just how urgent it is to boost policing transparency, roll out body-worn cameras more widely, and continue rebuilding public trust in our criminal justice institutions.”

Lakhan added that her thoughts remain with all families affected by the January shooting, an incident that has sent ripples of shock and concern across the national community. As of Monday, a public demonstration calling for solidarity with Sealy, scheduled to take place tomorrow at 3 p.m. outside the Police Administration Building in Port Spain, was actively circulating on social media platforms, drawing hundreds of expressions of support from community members.