Court orders release of 12 Nepalese held in lock-ups for months

Feb 08, 2015 News

After two months in the cold cells of the police lock-ups, 12 nationals from the Kingdom of Nepal were released into the custody of a Guyanese after Chief Justice Ian Chang ruled that their detention was unlawful.
The men were released yesterday after Justice Chang quashed the decision of Magistrate Ann McLennan, who on December 11 had ordered that they remain in the custody of the police, after imposing a fine on them for Failing to Present Oneself to an Immigration Officer – Contrary to Section 10 (3) of the Immigration Act, Chapter 14:02.
After their sentencing, the men were held in lock-ups at Sparendaam and Vigilance as guests of the state albeit under deplorable conditions.
The men Tseten Dorjee Gurung, Dharamraj Timsina, Tendi Chiring, Tenji Sherpa, Prakesh Nepali, Prakesh Adhikari, Binod Bahadu Gc, Phonji Gyajen, Nibru Sheepa, Kunja Dhundhup Gurung, Dilli Raj Paudel, Shanker Bahdur Sapkota, were represented by Attorney- at-Law Mark Conway.
The lawyer told the Court that his clients are all victims of human trafficking.
The Court heard that sometime ago the men entered Guyana legally via the Cheddi Jagan International Airport (CJIA), Timehri, East Bank Demerara and some of them were granted two weeks stay in Guyana, while others were granted three weeks.
They then departed Guyana from Charity and were arrested in Venezuela for not being in possession of Venezuela visas. However, they were deported back to Guyana.
Upon arrival back in Guyana, they were arrested and charged with departing Guyana without presenting themselves to an Immigration Officer, on November 15, at Charity, Essequibo.
They made their first appearance before Magistrate Ann McLennan on December 08 and, through an interpreter, pleaded not guilty.
The interpreter had explained that since November 15 they were arrested in Venezuela and placed in a prison.
Their Attorney then asked the Court to be lenient, noting that they suffered abuse recently and did not waste the Court’s time.
They were given two weeks to pay the fine and the Magistrate ordered that they remain in police custody until they are deported to Nepal.
The men reportedly paid the fine.
Almost two months later, Indian businessman John Chowdhury, through Attorney Conway, filed a writ for an Order or rule nisi of Certiorari, seeking to quash the Magistrate’s decision to have the men held in police custody.
“She had to deal with the charge before her and that was failing to present oneself to an Immigration Officer. The penalty for that is a fine OR imprisonment,” Conway explained.
He argued that the Magistrate exceeded her powers.
The move to challenge the legality of the Magistrate’s decision was successful and Conway was granted the order by the Chief Justice on January 28,
The order was made absolute on February 5th and was directed to MAGISTRATE ANN MC LENNAN quashing her decision made on the 11th day of December, 2014 to have the above-named Applicants remain in custody of the Police as being unlawful, ultra-vires, capricious, contrary to and devoid of natural justice principles, without lawful authority and arbitrary.
Yesterday, the men were happy to see sunlight for the first time in weeks.
Kaieteur News understands that the men, who were described as very skilled will remain in Guyana until they earn a passage back to their homeland.
However, there are some concerns that the Chief Justice’s ruling could set a disturbing precedent and the men could be subsumed into the local society.

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Court orders release of 12 Nepalese held in lock-ups for months

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