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Berbice woman awarded over $2M for unlawful arrest, detention by police

Jun 16, 2023 Court Stories, Features / Columnists, News

Kaieteur News – Rehanna Reginald, a resident of East Canje, Berbice was awarded the total sum of $2,250,000 for the breaches of her Constitutional rights by members of the Guyana Police Force (GPF).

Reginald was unlawfully arrested by members of the Criminal Investigation Department (CID) on November 7, 2020 and kept in custody until November 11, 2020. The woman was detained at both the New Amsterdam Police Station and the Sisters Police Station, where she was subjected to cruel and inhumane treatment. She was also deprived of her rights to speak with her family or even her attorneys-at-law.

Through her attorneys Dexter Todd and Dexter Smartt, the woman sued the State seeking a declaration that her fundamental rights guaranteed under articles 139(1) and 141 of the Constitution of the Co-operative Republic of Guyana 1980 were violated by the State and its agents by imposing cruel and inhuman treatment, false imprisonment and wrongful deprivation of liberty on 7th to 11th November, 2020. She also sought compensation from the State for those breaches of her rights.

In January 2022, the acting Chief Justice Roxanne George-Wiltshire, ruled that Reginald was indeed unlawfully arrested and detained by the members of the GPF.  The matter proceeded to trial for a decision on compensation. At trial, the court heard from the woman, how she was deprived of her right to an attorney and she was not told the reason for her arrest. Further, she was forced to stay in a cell with human faeces and urine on the floor of the cell since to the toilet present in the cell was not operational.  She explained how she was forced to sleep on the concrete floor filled with filth, insects, human faeces and urine accompanied by a strong stench while on her menstrual cycle.

Reginald’s lawyers said that as a consequence of the police’s unlawful actions, their client suffered humiliation, distress, embarrassment and emotionally and mentally traumatised.

In her ruling on damages, the Chief Justice awarded the sum of $1,600,000 for the breaches of her fundamental rights guaranteed under articles 139(1) and 141 of the Constitution of the Co-operative Republic of Guyana 1980 were violated by the State and its agents by imposing cruel and inhuman treatment, false imprisonment and wrongful deprivation of liberty.

The court also awarded $50,000 for the breach of her rights under article 149 of the Constitution of Guyana which guarantees protection from discrimination. The Chief Justice further awarded an additional sum of $350,000 as vindicatory damages since the police had no reason to arrest Reginald. Finally, she awarded Ms. Reginald a further $250,000 in costs.

The woman’s lawyers reminded that the members of the GPF are not above the law and cannot arrest any citizen without a lawful reason. They highlighted that the rights of all citizens are enshrined in the Constitution of Guyana and the rights provided under said Constitution must protected by the judiciary.

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