Man suing GRA for wrongful arrest, false imprisonment

Feb 12, 2020 News

By Feona Morrison

Robbie Outar, a father of one, claims he spent in excess of 61 hours in police custody without food, and not being told why he was arrested. He said he was also denied his right to a legal advisor.

Attorney-at-Law: Anil Nandlall

All of this, he claims, was done by ranks of the Guyana Revenue Authority (GRA), which he is now suing for in excess of $4M for his wrongful arrest and false imprisonment.
Via a Fixed Date Application (FDA) filed by his lawyer, Anil Nandlall, at the High Court in Demerara, Outar is also seeking exemplary and aggravated damages, costs and any such or further order the court deems just in the circumstances of his case.
In court documents seen by this publication, the father of one, of Lot 102 Annandale Marshon, East Coast Demerara, claims that on December 31, 2019 about 03:00 hrs, while driving home from Corentyne Berbice where he had dropped off a friend, he was approached by five men while the vehicle was parked at Mahaica, East Coast Demerara.
All of the men, he said, were in a tinted black Toyota Hilux motor vehicle. He said that the men, who were armed with rifles and who he later learnt were ranks of GRA, pointed their weapons at him and

The Guyana Revenue Authority Headquarters at Camp Street, Georgetown

demanded him to exit the car. He said he became fearful of being robbed by the men who were clad in bulletproof vests and complied with their instructions.
Outar says he was forced to lie face down as handcuffs were placed on his hands. According to him, one of the men told him that he was under arrest but failed to provide him with any reasoning for their course of action. Outar also said when he asked the men why he was under arrest, one of them whom he knows only be ‘Seaforth’ told him “in the morning you will see the big boss”.
The Annandale resident said that he was placed at the back of the Toyota Hilux and escorted to the Mahaicony Police Station. There, he said the handcuffs were removed from his hands and he was placed in a cell. At no time, was he given a reason for his arrest or informed of his right to counsel, Outar claims.
The handcuffs were removed from his hands around 08:00hrs that said day after he was removed from the cell and placed in the Toyota Hilux motor vehicle to be taken to Eccles, East Bank Demerara.
According to Outar, while on his way to Eccles, one of the ranks inquired of him if he was familiar with the driver of a yellow motorcar which had driven past the Toyota Hilux. He said that he responded in the negative.
Again, he said the ranks searched the vehicle he was driving and in the end found nothing illegal or unlawful. Among other things, Outar added that he was escorted to GRA headquarters situated at Lot 200-201 Camp Street, Georgetown.
While there, he stated that he felt embarrassed as while he was making his way to the third floor, over 100 persons stared at the handcuffs on his hands.
On December 31, 2019, around 15:00hrs, he said he was taken to the Vigilance Police Station; he was kept in custody for almost 12 hours without any food. He said that efforts made by him to inquire of the reason for his arrest were met with silence from the ranks.
Outar claims the cell he was placed in had other prisoners and was vile. It smelt like urine and faeces. He spent New Year’s of 2020 in the cell and was released the following day on $100,000 bail.
He was instructed to report to GRA’s headquarters on January 3.
Against this backdrop, Nandlall contends that his client was wrongfully imprisoned for in excess of 61 hours. According to the lawyer, at no time during his client’s detention were fingerprints taken or was he told of any allegation.
In fact, Nandlall points out that his client has not been charged with any offence known to the laws of Guyana.
“During the period of his incarceration, the Claimant suffered mental trauma as he was detained without cause and he constantly worried about his young daughter,” Nandlall argues. In light of the foregoing, the lawyer is asking the court to grant the reliefs his client is seeking.
Should the court rule in favour of his client’s favour, Nandlall wants all monetary judgments to be awarded pursuant to Section 12 of the Law Reform (Miscellaneous Provisions) Act Chap 6:02, at the rate of six percent per annum from the date of filing to the date of judgment and thereafter at the rate of four percent per annum until fully paid.

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