Judge’s ruling could force police to review ‘stop and search’ practice

Dec 10, 2013 News

The Guyana Police Force is taking cognizance of a groundbreaking High Court ruling and will be reviewing its position on the controversial issue regarding the Stop Search and Detain policy.
This was revealed to Kaieteur News by a senior police officer who was reacting to the October 31 ruling by Justice William Ramlal, which was highlighted in an article in the Sunday edition of this newspaper.
Justice Ramlal had ruled that the police stop, search and subsequent detention of Attorney at Law, now judge Navindra Singh on October 24, 2006 was an abuse of power.

Police ranks during one of their many stop and searches.

Yesterday, the senior police officer told this newspaper that the force’s administration “will have to sit down and come up with a policy…review our operations. It will certainly affect future operations.”
He did admit that the police’s power to stop, search and detain is not absolute.
It is not clear if any action will be taken retroactively against the ranks involved, in light of justice Ramlal’s ruling.
In his claims, Singh said that he was a practicing Attorney-at-Law. On May 9, 2006, he was driving his car along Charlotte Street, Georgetown, when he was stopped at the edge of the road after his engine light started flashing indicating something was wrong.
Singh said that before he could have spoken to his mechanic, a police vehicle pulled alongside with Police Constable James telling him that the car was obstructing the ‘free flow of traffic’. The plaintiff said he drove to another street, Croal Street, and parked in the corner when the same vehicle pulled in front of him at a 45 degrees angle.
According to the plaintiff, he was directed to exit his vehicle and upon enquiring, he was told that the ranks wanted to search it. “I then asked him what was his probable cause for such a search?. By this time the Number two Defendant (Police Sergeant James) was standing next to my driver’s side door with his rifle pointed at me.
James who pointed the rifle at me said “This is all the reason we need”. I at that point demanded identification from the police. James asked, “You want dead? Come out you vehicle now.”
Another senior officer was not too subtle in his condemnation of the police’s actions in the particular case involving the attorney at law.
He lashed out at the conduct of the ranks saying that they were taught that stop, search and detain was not an absolute option.
“In my opinion the ugly experience of the attorney now judge is symptomatic of a bigger problem that existed for a long time and that is abuse of power and authority,” he said.
He added that the victim was fortunate that he had the necessary wherewithal that allowed him to take legal action.
“Unfortunately the average member of the public does not have the resources to do so. Their only recourse is to the Police Complaints Authority and the Office of Professional Responsibility, and sometimes these agencies take a lifetime to administer justice if any at all,” the police officer explained.
For quite some time there have been reports and in many cases evidence of police shakedowns, without any punishment meted out to those who are responsible.
At last month’s Christmas policing presentation, the Guyana Police Force through Divisional Commander Derrick Josiah spoke of stop and search as one of the main methods to prevent criminal activity throughout the season.
“God helps the average citizen at Christmas time who is likely to become a victim of police abuse. Once this does not affect those in authority, they don’t give a damn. It is only when their friends and relatives are victims then they care,” the officer declared.
He added that stop and search should not be an arbitrary thing, and stressed that there must be specific reason to do so.

4 thoughts on “Judge’s ruling could force police to review ‘stop and search’ practice”

Action December 10, 2013 at 5:29 am

Pertaining to crime, the police should not stop and search one person in a car or on a motorbike because robberies are done mostly with multiple partners. You must have probable cause like a group of people in a car or two persons on a motorbike acting suspiciously. What happened to Navindra Singh is just a case of ignorant policemen abusing their power, but unfortunately that happens everyday in Guyana. It continues for one reason and that is the Police Complaints Authority are incompetent and really uncaring.
Were these guilty policemen suspended without pay and then required to attend a program on how to behave towards the public, so the next time they will do the right thing?
Jugmohan December 10, 2013 at 2:04 pm

The old school mentality now needs to change, and it starts at the top, with the officers who oversee their subordinates. The abuse
of citizens must stop and the only way to do so is to discipline the
lawbreakers who intentionally break the laws the swore to uphold.

The first priority is to get rid of the illiterates who can’t read nor
write, as their only job is to harass people,soliciting people for
bribes and making a fool of themselves. The days of walking up
to people and search them for no reason is coming to an end,
hopefully.

The managers who run these various Divisions should meet with
their subordinates regularly to instill the core values of the
organization, put in writing what is acceptable and when these
policies are violated, what discipline they will receive.

Managers must understand when there is no anticipation of
disciplinary retaliation for breaking set rules and guidelines,
members will have nothing to fear, and it will be business as
usual, as it has been since the inception of the police force.
Linden Sinclair December 15, 2013 at 11:31 am

Thank you justice Ramlall. The stench of guy police and the government of guyana is smelling up the high heavens
Linden Sinclair December 15, 2013 at 11:35 am

The money to pay the lawsuit judgement must be recovered from the guilty officers