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Lawyers express frustration with lengthy detention of prisoners by police

Sep 15, 2008 News

Practicing lawyers are at their wits’ end with the practice of the Guyana Police Force of continuing to detain persons for more that the stipulated 72 hours provided by law.
Chapter 139, sub-section 3 of the Criminal Law Offenses Act states that the police should not detain a person for more than 72 hours for questioning, unless an order for extension has been granted by the courts.
Despite the fact that law enforcers are supposed to uphold the law at all costs, since they took an oath to do so, police fail to do this.
Recently, the issue of persons being detained for more than the stipulated time has become an issue in the Magistrates Courts.
However, despite enquires from both magistrates and lawyers, no satisfactory explanation is given by police for the detention of persons for sometimes one week before they are charged and placed before the courts.
On many occasions, when prosecutors are asked by sitting magistrates to show an order which was obtained from the High Court for an extension to hold prisoners beyond the stipulated time, the police cannot produce it.
Some lawyers related to Kaieteur News that such issues make them feel like they are fighting a losing battle, and that the judicial system is failing them and their clients.
Just recently, after being in police custody for six days without an extension being sought, a man was taken to the Georgetown Magistrates Court and charged with disorderly behaviour and resisting arrest.
When questioned by the magistrate as to why the man was detained for such a long period, the prosecution had nothing to say.
The lawyer who was representing the man gave the police an ultimatum to drop the charges against his client or face court action for having him in custody for so long without an extension.
Several lawyers have expressed their disgust over this state of affairs, lamenting that there is very little they can do to change the situation.
One lawyer noted that taking the police to court “is a waste of time”.
Reiterating this point, the lawyer recounted that he was faced with a similar matter back in 1995 and decided to take the police to court. He noted that the case has not been called for one single hearing.
“It makes absolutely no sense to file a matter against any Government entity, because it is given no priority in the courts,” another lawyer lamented.
The other option lawyers say they have is to file a habeas corpus. However, many complain that by the time they are made aware that their client is in custody, it is too late to file the habeas corpus.
“We are made aware that out clients are in custody the day they are brought to the court for the charge to be read, and then we hear that they were in custody for the past week or so,” one lawyer said.
Lawyers also complain that in some instances, when investigations are too complicated for police and they are too lazy to uplift an extension from the High Court, they would resort to walking the person out of the station compound after the 72 hours and then re-arresting the person once the person have passed the gates of the police station.

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