Colywn Harding‘s baton rape civil case dismissed for want of prosecution

Feb 03, 2021 News

Colwyn Harding who had accused police of raping him with a baton.

Kaieteur News – Two civil suits filed by Colwyn Harding, the young man who accused a police constable of raping him with a baton in 2013, have been dismissed for want of prosecution. The matters came up for hearing before Justice Navindra Singh on Monday, but were thrown out since neither Harding nor his attorneys were present for the hearing.
According to a statement issued by the Chambers of the Attorney General, the action was scheduled to commence at 9:00am on Monday, and Counsel for the Attorney General were present but Counsel for Mr. Harding was not present, and had not made any communication to the Court.
Noting that lead Counsel for the Attorney General indicated that her own records showed that the trial was to commence at 9:15, and in an effort to accommodate Mr. Harding’s attorney-at-law, Justice Singh reportedly delayed the commencement of trial until around 9:25am.
Counsel for the Attorney General had indicated to the Court that an attorney-at-law for Mr. Harding had called to indicate that he would not be able to attend court until 9:30.am or 9:45 am.
In those circumstances, Counsel for the Attorney General asked the court to make orders to dismiss the matters for want of prosecution and award cost to the tune of $100,000 to the Attorney General’s Chambers.
The judge obliged the request of the AG Chambers to dismiss the matters and ordered Harding to pay costs.
In each of the matters, Harding alleged that he was assaulted and battered by policemen and thus sustained serious injuries.
Specifically, he contended that he was viciously assaulted by several members of the Guyana Police Force on 15th November 2013 who entered his home. He also claimed that Police Constable Devin Singh 19175 had inserted a foreign object into his anus triggering a need for corrective surgery, and that the said rank repeatedly assaulted him in the Timehri Police Outpost between 15th November 2013– 18th November 2013.

The State had denied these claims. Specifically, the State asserted that the medical evidence did not support Mr. Harding’s contention of a foreign object being inserted into his anatomy, and that any surgical procedures undertaken were as a result of a medical condition which Mr. Harding had developed.
In the first action, Harding asked the Court to grant him damages in excess of $100,000 for assault and battery between the 15th and 22nd days of November 2013 at Timehri; and exemplary damages.
In the second matter, Harding alleged that his fundamental rights were breached as a result of the actions of the police ranks and asked the Court to grant him the following damages in excess of $80M for breach of his fundamental right to protection from torture, and or inhuman and degrading treatment as guaranteed by Article 141 of the Constitution of Guyana.
As such, he sought damages in excess of $100,000.00 for breach of his fundamental right to protection from inhuman treatment; damages in excess of $100,000 for breach of his fundamental right to protection against arbitrary search of his person as guaranteed by article 143 of the Constitution of Guyana; damages in excess of $100,000 for breach of his right to protection against torture and other inhuman and degrading treatment or punishment as provided by Article 154 A of the Constitution of Guyana and the Convention against Torture and Other Inhuman or Degrading Treatment or Punishment;”
Additionally, Harding sought damages in excess of $100,000 for breach of his fundamental right to personal liberty as guaranteed b Article 139 of the Constitution of the Cooperative Republic of Guyana between the 15th and 20th of November, 2013 at Timehri, East Bank Demerara.
Also as part of his claim, Harding also asked that defendants in each action to pay the costs of his legal fees for bringing the actions.