Government refuses to pay small judgments

Apr 23, 2017 News

…but settles $$billions with big companies
Questions are still being asked about the reasons why the previous and present governments are refusing to settle miniature amounts owed to a number of residents but paying out billions of dollars owed to big companies both local and overseas.
A number of displeased families who were awarded judgments against the government since the previous administration was in power are pushing ahead with litigation as they explore all possibilities to collect the monies owed.
Two such judgments were granted since 2014 when the PPP government was in office.
Kaieteur News was privy to information that despite numerous letters, messages, telephone calls and personal reminders to the Attorneys General of both administrations, neither gentleman paid any heed to the efforts made by the attorneys of the aggrieved citizens.
The two persons were granted judgments of $150,000 each. To date the monies have not been paid despite a copy of the judgment was sent to the Registrar and to the Minister of Finance as is provided for in the state Liability and Proceedings Act.
Now efforts are being made to have the Minister of Finance held in contempt if the money is not paid by a certain time.
This was indicated to the Minister of Finance via letter dated April 4, 2017 by the applicants’ lawyer. The letter was delivered to the Minister’s office on April 12, last.
The letter reminded the Minister that the Act provides that he shall direct that the judgment be paid.
In the letter it is stated that if the judgment is not paid within seven days of receipt of the said letter, proceedings in the form of a Mandamus to compel him to make payment will be taken.
It was also pointed out to the Minister in the letter that if a Mandamus is granted and the decision is disobeyed, contempt proceedings will be instituted against him.
Yadram Rooney of No.2 East Canje was shot by Police Inspector Cumberbatch on March 15, 2011at his home.
At the time Inspector Cumberbatch was employed as an enforcer for a gas station owner on the East Coast Demerara. He and the owner had travelled from East Coast Demerara to East Berbice where Rooney was shot. After the shooting Cumberbatch was arrested by police in Berbice and subsequently released without being charged.
The family had filed a $50M lawsuit in 2011 against 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, loss and damage 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 while on his way home. He was dumped into a police pickup and thrown into the lock-up with others at the Central Police Station. He was never apprised as to why he was arrested. His request for a phone call was met with expletives.
He was locked up for two days without being given food, water or allowed a phone call; neither was he read his rights.
Family members only became aware of his whereabouts after a visit to the Central Police Station.
After a number of days a senior officer apologized on behalf of the Guyana Police Force for the tardiness of the ranks and the ill treatment meted out to the teen. He told them that the matter was finished.
A lawsuit was subsequently filed in the High Court of Guyana against the Attorney General and the Guyana Police Force.
The claim was 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 between June 19 and June 20, 2011. There was also a claim for loss and damage to the plaintiff.
After mutual agreement, in chambers, both matters were settled for the meager sum of $150,000 each with no cost before Justice Sandra Kurtzious in the Berbice High Court on December 8, 2014.
Since then, both former and present Attorneys General Anil Nandlall and Basil Williams have refused to pay the sums.
Now the matter is heading to court again.

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Government refuses to pay small judgments

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