GRA taken to Court over wrongful detention

Jul 05, 2019 News

Fazaad Hameed and Gavin Boodwah are suing the Guyana Revenue Authority, (GRA) over an alleged wrongful arrest and detention. According to Court documents seen by this newspaper, the duo claims that they were wrongfully arrested and detained at the Vigilance Police Station on May 25, 2019, by Customs Officers attached to GRA.
As a result, the men are claiming a breach of their Constitutional rights and in excess of $1 million each worth in damages from the State. On May 25, last, the men were allegedly arrested and placed on the bench at Lot 155 Lusignan Double Road, East Coast Demerara.
In their application, the claimants said that they were at the home of Hameed when they were also ordered to pay a fine for smuggling chicken into Guyana. According to the document, Hameed contends that he was the first to deny ever smuggling chicken into Guyana, yet he and his partner were placed to sit on a bench at his home.
In their affidavit in support, the men claimed that the Customs Officers demanded that they must pay a fine of $12 million. They claimed further that after resisting the charge, the officers reduced the fine, by half to $6 million.
Hameed claimed he refused to pay the said fine and insisted that he was not guilty of any offence.
He instead informed the officers that he was not the only supplier of chicken to GDF, but that they refused to listen to anything he said and insisted that he pay the said fine.
One of the officers then responded by informing him that if he did not pay the fine, he would have to be jailed at Vigilance Police Station. As a result, the officers allegedly informed them that they would be placed on $200,000 bail each, but it was better that they just pay the sum towards the fine.
The claimants however, insisted they were not guilty of any offence. Consequently, the Claimants were taken back to the Vigilance Police Station, where they were again detained. Later that night, their families paid the bail and they were released.
By that time, one of the officers informed them that their bail, therefore, was raised to $500,000 each. They claimed too that GRA officials subsequently informed them that the fine was reduced $5 million and that they must go to a Justice of the Peace to draw up an agreement to state how much they can afford to pay in monthly installments.
By reason of the matters aforesaid, the claimants said they were deprived of their liberty and suffered loss and resulting damages. The men claimed that by arresting, detaining and then imposing a fine upon them, the defendants collectively acted as judge, jury, and executioner, contrary to the rules of natural justice, Article 144 of the Constitution of Guyana, and in violation of the doctrine of separation of powers.
As a result, the men are claiming inter alia that the act by GRA is in contravention of their right to personal liberty as guaranteed by Article 139 of the Constitution.

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