Taxpayers’ monies paid for unlawful detention by police

Jun 18, 2023 News

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Court Journal…

By Renay Sambach

Kaieteur News – On Wednesday, Rehanna Reginald, a resident of East Canje, Berbice was awarded the 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 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 from the 7th to the 11th of November, 2020. She also sought compensation from the State for those breaches of her rights.

In January 2022, the acting Chief Justice (CJ) 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 was emotionally and mentally traumatized.

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.

Similarly, in 2019 Justice Gino Persaud has handed down decisions in respect of cases filed against Police Officers, the Commissioner of the Police and the then Attorney General. The decisions have rendered members of the GPF liable for unlawful detention. The victims were awarded over $5M, payable by the State.

Kaieteur News had reported, that 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.

 

 

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• Criminal Investigation Department, human faeces, Mark Abraham, the Chief Justice awarded, Tularam Ramessar

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