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DPP discontinues private criminal charges against SOCU Officers who arrested Attorney
Kaieteur News – The Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC has discontinued the private criminal charges against three members of the Special Organised Crime Units (SOCU) who are accused of unlawfully detaining Attorney-at-Law, Tamieka Clarke.
Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC
On October 28, the Lawyer was detained by SOCU Officers reportedly after she repeatedly advised her client who is being investigated by the agency, to not provide any answers to the questions being asked, and to remain silent.
Clarke through her Lawyer, Nigel Hughes had filed legal proceedings at the Demerara High Court seeking several reliefs along with $300,000 in damages. The Lawyer had also filed two private criminal charges at the Georgetown Magistrates’ Courts against Superintendent Krishnadat Ramana, Sergeant Navranda Persaud and Sergeant Winston Singh.
Attorney-at-Law Tamieka Clarke
The two charges that were filed are for the offences of Wrongful Restraint pursuant to section 6 of the Kidnapping Act, Cap 10:05 and Wrongful Confinement, contrary to section 8 of the Kidnapping Act, Cap 10:05.
The DPP in a letter dated December 12, 2022, addressed to Magistrate Annette Singh, notified the Magistrate that she has discontinued both charges filed by Clarke’s Attorney.
The DPP exercised her powers conferred on her by Article 187 (1) (c) of the Constitution of the Cooperative Republic of Guyana, and discontinued the charges.
According to Article 187:1: “The Director of Public Prosecutions (referred to in this article as ‘the Director’) shall have power in any case in which he or she considers it desirable to do so…(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or her or any other person or authority.”
In giving her reasons to discontinue the charges against the SOCU Officers, the DPP stated, “I have considered it and found that the issues of Wrongful Arrest and False Imprisonment arise. These are issues of Tort and Constitutional breaches which are civil actions.”
The DPP added that all issues which are included in the allegations will be addressed in the civil action that was filed against the State.
Notably, she stated too that the allegations made against the Officers who are all active serving members of the Guyana Police Force (GPF) was done in the course of their duties, adding that the Officers are protected by virtue of Section 14 of the Justice Protection Act Chapter 5:07.
As it relates to the charge that was filed under the Kidnapping Act Chapter 10:05, the DPP stated that, “the intent and purpose of Parliament in the Kidnapping Act Chapter 10:05 is to provide for the punishment for the offences of abduction, wrongful restraint and confinement for ransom and other related offences and for matters incidental thereto.”
She added that it is therefore her considered opinion that the facts alleged by the Lawyer, “do not fall within the scope, purport and intendment of the Kidnapping Act; therefore, the charges filed under this Act is an abuse of process.”
Those were the reasons stated by the DPP as to her discontinuing the two private criminal charges against Superintendent Ramana, Sergeant Persaud, and Sergeant Singh.
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