Female Grenville Magistrate, Orofila Augustine has thrown out a case brought by the State against former Opposition Leader, Michael Baptiste in connection with the alleged operation of an illegal radio station following the passage of Hurricane Ivan in September 2004.

Legal sources told GRENADA TODAY that the Magistrate upheld a submission made by defense lawyer, Anslem Clouden that the Royal Grenada Police Force (RGPF) acted illegally in the seizure of Baptiste's equipment.

The political activist had allegedly mounted a small radio station to broadcast to the people of St. Andrew's after the island was plunged into darkness by Ivan which flattened the Spice Isle. Clouden had put forward "no-case" submission before Magistrate Augustine against the police on the grounds that the lawmen had no legal authority to seize the equipment.

According to a legal source, the police have no right to enter a person's home without a search warrant issued by a Magistrate in their quest to confiscate so-called telecommunication equipment.

The law makes provisions for a warrant to be issued by a Magistrate in the name of the Telecommunications Officer to carry out the search and not the police. Baptiste contended that former Assistant Commissioner of Police, Willan Thompson had entered his premises with a party of police officers and purported to read out a police search warrant to his eleven year old daughter in search of wireless equipment.

The Thompson-led team removed from the home of the former Opposition Leader a number of home stereo equipment. Baptiste was taken into police custody later in the day by a Corporal of Police who met him in the Grenville area. He was denied medical attention while in police custody despite a recommendation from a medical expert that he should be taken to a medical facility for treatment.

Baptiste had complained about not feeling well due to the constant smoke coming into his cell from a diesel generator used by the police that was located in close proximity to his cell. In an exclusive interview with GRENADA TODAY, the former Opposition Leader said he had instructed his lawyer to institute legal proceedings against National Security Minister, Prime Minister Dr. Keith Mitchell, as well as the Commissioner of Police, former ACP Thompson, Superintendent Rodney Baptiste and others.

He spoke of seeking compensation from these officials for allegedly violating his right to get medical attention while in police custody. Baptiste is known to have in his possession a document from a medical expert in New York showing that her suffered from carbon dioxide poisoning while in the custody of the Grenville Police.

The former Opposition Leader is also fighting another case brought against him by the State in connection with Japanese funds for whaling. Baptiste is optimistic about also winning that case and seeking compensation against the Mitchell government.