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Mar 14, 2017 News
Two upset families are in the process of filing contempt charges in the High Court to have the Minister of Finance committed to jail if a sum of $150,000 owed to each family by the Guyana Government as a judicial settlement.
The money is owed since 2014 when the previous PPP government was in office.
Yadram Rooney of No 2 Village East Canje was shot by police inspector Cumberbatch on March 15, 2011 at his home.
Rooney was at home when a car driven by a gas station owner with Cumberbatch inside pulled up in front of his house. The men accosted him and demanded that he enter the car. The man refused and was shot by Cumberbatch. Police from New Amsterdam subsequently arrived and took Cumberbatch and others into custody.
Cumberbatch was released without being charged. Rooney who was seriously injured was hospitalized.
At the time Cumberbatch was working as an enforcer for a gas station owner on the East Coast Demerara.
The family, through their attorney Mursalene Bacchus, filed a $50M lawsuit in 2011 on the Attorney General of Guyana, at the time, Anil Nandlall for damages and compensation for trespass (Assault and battery) to the person, resulting in injuries, losses and injury to his person.
The other matter involved Rawle Carter who was a teen at the time. He was picked up by a joint services patrol on the evening of Sunday June 19, 2011 whilst on his way home on his bicycle. He was dumped into a police pickup and thrown into the lock up with others at the Central Police Station. He was never told why he was arrested.
His request for a phone call was met with expletives. He and his cellmates were subsequently taken out and told to take off their clothes, where they were checked for marks, and or tattoos before being thrown back into the lock ups.
He was locked up for two days without food and water and was not allowed a phone call.
Carter was never read his rights (about having a lawyer, his parents or the right to remain silent). His relatives had no clue where he was. Around twilight on Monday he was escorted out of the lock ups and questioned again.
He was then told to go home and to return the following Tuesday. When he complied he was then told to return again on Wednesday.
On Wednesday a senior officer apologized on behalf of the Guyana Police Force for the tardiness of the ranks on duty and the ill treatment meted out to the teen who was then told that the matter was finished.
The family through attorney-at-law Mursalene Bacchus filed a $5M lawsuit in the High Court of Guyana against the Attorney General and the Guyana Police Force.
The lawsuit stated that on June 19, 2011 a member of the Guyana Police Force unlawfully arrested his client at Cumberland, East Canje Berbice and imprisoned him at Central Police Station lock-up until June 20, 2011. The claim against the state is for wrongful arrest and imprisonment, trespass to the person (False Imprisonment) of the plaintiff by a member of the Guyana Police Force, an agent or servant of the state at Cumberland East Canje, Berbice and at New Amsterdam Berbice resulting in loss and damage to the plaintiff.
After mutual agreement, in chambers, both matters were settled for meager sums of $150,000 each with no cost before Justice Sandra Kurtzious in the Berbice High Court on December 8, 2014. .
However then Attorney General in the PPP government Anil Nandalall refused to pay or budge when contacted even though he was written to by attorney-at-law Mursalene Bacchus and reminded on numerous occasion about the sum owed. Mr. Nandalall showed no care or concern.
When the PPP was booted out of officer in May 2015, present Attorney General Basil Williams was written to and also reminded on numerous occasions about the meager sum owed to the plaintiffs. However like his predecessor has also refused to raise an eyebrow.
Now, the families through their attorney Mursalene Bacchus are prepared to go ahead and file contempt proceeding in the high court against the Minister of Finance to recoup the money or have the Minister committed to jail.
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