Court orders compensation of over $5M for victims of unlawful detention

Aug 06, 2019 News

Justice Gino Persaud has handed down decisions in respect of cases filed against Police Officers, the Commissioner of the Police and the Attorney General. The decisions have rendered members of the Guyana Police Force, (GPF) liable for unlawful detention and the victims, an award of over $5M, payable by the State.
According to documents seen by this newspaper, the first case was filed by Tularam Ramessar against Mark Abraham, a member of the Guyana Police Force, the Court issued a declaration that his detention and arrest was unlawful, and in contravention of his fundamental right and freedom.
The court further ruled that given the breach of Ramessar‘s fundamental rights of personal liberty as guaranteed to him by Article 139 of the Constitution of Guyana, he should be compensated in the sum of $1.5 million.
Additionally, the Court issued a declaration that the detention of the man’s property (a Toyota Runx motorcar, which is valued at $1,425,000), which detention still continues, contravenes his fundamental right and freedom not to be deprived of his property without adequate compensation as guaranteed to him by Article 142 of the Constitution of Guyana.
The claimant was therefore issued $500,000 for breach of his fundamental right not to be deprived of his property; special damages for loss of the motorcar in the sum of four hundred and seventy thousand dollars ($470,000); aggravated damages in the sum of $200,000 and interest on all sums at a rate of 6% from the date of the filing of the proceedings to the date of judgment and 4% from the date of judgment until the sum is paid; costs in the sum of $150,000.
The case is linked to a matter by which police on the East Coast Demerara allegedly detained Ramessar‘s wife, Raywattie Harrychand, and her mother-in-law Phulbasia Kallu, over an alleged theft of money from a supermarket.
In a separate statement of claim, Harrychand said that the police had accused her of conspiring together with another woman, Debra Anglin, to steal some $12 million from the Kuree Supermarket and General Store.
The woman claimed that she was detained at Mahaicony, and later the Beterverwagting Police Station for three days over the alleged theft. The woman claimed that police also detained her mother-in-law after questioning her in relation to the matter. She however denied the accusations and the police placed her family member on bail. She claimed, too, that the police could not produce evidence of the theft, yet detained her husband (Ramessar).
According to the document, he was arrested while delivering food to his wife and mother.
The man claimed that police approached him, and demanded that he park his car in the compound of the station and remove all his belongings.
He said that the vehicle was searched and after nothing was found, he was asked to sit on a bench. He was also detained and his car seized.
In the second case filed, the Judge therefore granted Harrychand and Kallu (claimants), a declaration that the detention and arrest was in contravention of their fundamental right and freedom along with compensation in the sum of $4 million for breach of their fundamental right not to be deprived of personal liberty; aggravated damages to both claimants in the sum of three $375,000 each; interest on all sums at a rate of 6% from the date of the filing of the proceedings to the date of judgment and 4% from the date of judgment until the sum is paid, along with costs in the sum of $150,000. The claimants were in both cases represented by lawyers Mohabir Anil Nandlall, Manoj Narayan, Sasha Mahadeo-Narayan, Rajendra Jaigobin and Anuradha Deodasingh.

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