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Police attempt to return seized cellular phone without memory card

Jun 23, 2009 News

A West Bank Demerara cattle farmer who was arrested for recording his conversation with a police rank at the Wales Police Station is refusing to take possession of the instrument, after discovering that the memory card was missing.
Shadier Hassan, of Clay Brick Road, Canal Number Two Polder, was placed on $5,000 bail and had his cellular phone with the recorded conversation seized on Saturday when he went to report a matter involving a land dispute.
Yesterday, when he went to collect the instrument on the instruction of a senior police officer on West Demerara, he recognised that the police were obviously trying to suppress the recording by removing the memory card.
Attorney at law Khemraj Ramjattan had told this newspaper that there is “absolutely nothing in the law that prevents a person from recording a report he or she is making to the police.”
The attorney explained that the action of the police in Hassan’s case amounts to false and unlawful arrest.
“I don’t know of anything in the law that prohibits a person from recording what he is telling the police. He has the necessary technology to do so,” the attorney at law said.
Hassan told this newspaper that yesterday morning he visited the Divisional Commander on the West Coast of Demerara and after relating his story, he was referred to a Senior Superintendent who took a statement from him.
He was subsequently advised to go to the Wales Police Station to uplift the seized phone and a refund of his $5,000.
To make sure that he would not be wasting his time, Hassan telephoned the Wales Police Station and spoke to a female sergeant.
“She was very co-operative and polite and she told me that I could come to uplift the phone,” Hassan told this newspaper.
At 17:30 hours, he arrived at the station and was handed his cellular phone.
“I immediately checked it and found that the memory card was missing. I told her that I will not collect it with the memory card missing. I did get back my bail money, though,” Hassan stated.
Apart from the recording, Hassan said that he has some very important information on his memory card and the phone would be useless without it.
The female sergeant re-lodged the phone and told Hassan to check back today.
She promised to investigate the missing memory card.

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