State faces monetary damages in wrongful incarceration lawsuits

Nov 12, 2023 Court Journal, Court Stories, Features / Columnists, News, Waterfalls Magazine

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By Renay Sambach

Waterfalls Magazine – This week, we delve into legal actions against the State, demanding monetary compensation for alleged wrongful imprisonment.

Stanwick Rose, a former Unicomer Inc. (Courts Guyana) employee, has launched a legal action against the company and the State, seeking over $20 million for alleged malicious prosecution and false imprisonment.

The lawsuit, initiated on November 8, by attorney Donavon Rangiah, lists the Attorney General of Guyana, Anil Nandlall, SC, the Director of Public Prosecutions, Shalimar Ali-Hack, SC, the Commissioner of Police (Ag), Clifton Hicken, Detective Constable Mark Griffith, and Unicomer Inc. as defendants.

In a press statement, it was disclosed that Rose a former cashier of Unicomer was charged for two separate indictable offences of ‘Larceny by Clerk or Servant’ contrary to section 184 of the Criminal Law (Offences) Act Chapter 8:01 in the Georgetown Magistrate’s Court on the 14th November, 2022.

Rose had denied the charges of ‘Larceny by Clerk or Servant’ when he appeared in the Georgetown Magistrates’ Court. He was accused of stealing $4,697,747 between December 1, 2018, and January 14, 2022, along with an additional $500,000 on December 31, 2021.  The trial was overseen by Magistrate Rhondell Weever.

According to the document seen by this publication, the trial encountered obstacles when a prosecution witness disavowed statements. The document states that one of the prosecution witnesses, indicated that his ‘purported’ statement dated the 28th January, 2022, and his second ‘purported’ statement 28th January, 2022, (the latter ‘purported’ statement borne no signature), were not his statements and his former ‘purported’ statement bears a signature that is not his own.

To this, the lawyer said that Magistrate Weever held that the aforementioned evidence cannot be relied upon by the prosecution. It was stated that on June 6, 2023, the Magistrate ruled that the prosecution failed to establish a prima facie case against Rose, and the matter was dismissed for insufficient evidence.

As such, Rose now seeks compensation from the State and Unicomer for malicious prosecution and false imprisonment. Rose is seeking damages in excess of $10,000,000 for malicious prosecution; damages in excess of $10,000,000 for false imprisonment; exemplary and/or aggravated damages in excess of $1,000,000; interests in accordance with the law; such further and other relief the court and costs.

The legal documents underscore the harm to Rose’s reputation, mental anguish, hindrance in employment, and the adverse impact on his family during the proceedings. The lawsuit contends that Rose’s ability to secure alternative employment was compromised by the publication of his picture and name, negatively influencing his standing in society.

Additionally, it emphasises that Rose’s wife was pregnant during the prosecution, contributing to the mental anguish suffered by his family. The legal filing highlights the profound effects on Rose’s professional and personal life, painting a comprehensive picture of the damages incurred.

In December 2021, Colin Bailey, 57, who spent five and half years incarcerated for the capital offence of murder, sued the State for in excess of $100 million on claims of unlawful arrest, detention, inhumane and degrading treatment.

Despite there was no evidence against Bailey for the capital offence, he was charged with the August 2013 murder of his reputed wife Sirmattie Ramnaress – and spent years behind bars.

Bailey has always maintained his innocence. In his defence, Bailey had stated that he and Ramnaress met in 1992 and started living together.

According to him, at the time of her death, they were building a house in Diamond, East Bank Demerara. He explained that on the day his wife was found murdered, he was on duty at the Cheddi Jagan International Airport (CJIA) for a State visit by the President of Venezuela.

After investigations, Bailey was initially charged for murdering his wife on November 24, 2016.  Justice Jo-Ann Barlow in making her decision at the Demerara High Court, said that he should not have been before the court and that it was a waste of judicial time, as such, Bailey was freed on October 13, 2021.

Following his release, Bailey filed legal proceedings against the State. He named the AG and the Director of Public Prosecutions, Shalimar Ali- Hack, SC, as respondents in his Statement of Claim.

Through his lawyer, Nigel Hughes and Associates, Bailey is seeking a number of declarations and monetary compensation.

He is asking for a declaration that his arrest and detention was without lawful justification, that the decision by the DPP to institute murder charge was an abuse of power and also a declaration that the delay in his trial was a breach of his guaranteed right to liberty and a fair trial. He has also asked the High Court to declare that the failure to provide basic medical facilities at the Lusignan Prison and his exposure to COVID-19 was inhumane and degrading.

In addition, he has asked for several $100,000 sums to compensate individually for wrongful preferment of the charge of murder, wrongful detention, malicious prosecution and denial of his right to protection from inhumane and degrading treatment, among others.

In June 2023, 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 was 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 be protected by the judiciary.

In September 2021, a Jamaican woman who sued the State for unlawful detention and imprisonment has secured a $3.1 million judgment in the High Court.

Chief Justice (ag) Roxane George-Wiltshire ruled yesterday that Sandra Russell, a Jamaican national, was unlawfully detained and deprived of her freedom of movement after she was held in custody for an additional five months after serving her three and a half months sentence for trafficking marijuana.

Russell had originally filed the claim for $70 million in damages but Justice George-Wiltshire awarded her compensation to the tune of $2.5 million for false imprisonment.

The Jamaican woman was awarded an additional $600,000 for being subjected to inhumane and degrading treatment at the East La Penitence Police Station bringing her total judgment to $3.1 million. In addition, the Attorney General, who listed as respondent in the matter, was ordered to pay her $250,000 in costs.

The Chief Justice also ordered that Russell be deported to her home country at her own cost—it was ordered that the cost for sending her back to Jamaica be deducted from her award for damages.
In her lawsuit, Russell, 54, contended that she is a citizen of Jamaica who resided locally at Pouderoyen Squatting Area, Pouderoyen Village, West Bank Demerara.

She claimed that her fundamental rights as guaranteed under Articles 139, 141 and 148 of the Constitution were breached, encroached upon and infringed by the Guyana Police Force and Immigration Officers.

The woman had arrived in Guyana on May 13, 2013 but on June 25, 2018, she was held by police at Omai landing in the Essequibo River with 70 grams of marijuana for the purpose of trafficking.
Russell in an affidavit in support of her claim said, “I was taken to the New Amsterdam Prison to serve my sentence. I had a reduction of sentence to three and a half months in prison. I was released from prison on the 10th November, 2018.”

The woman said that she was released into the custody of a female Immigration Officer, who informed her that she had to be taken to the Immigration Office to be processed for deportation to Jamaica.

According to Russell, while travelling to the Immigration Office, the Immigration Officer received a phone call and later informed her that she would be taken to the East La Penitence Police Station instead. The woman said that she spent five month languishing in the East La Penitence lockup before she was released on July 7, 2019 on $10, 000 bail, only after the intervention of Kaieteur News.
Russell swore in the Affidavit that, “Whilst I was at the East La Penitence Police Station, I was informed by a female officer and verily believe that a Kaieteur News reporter came to the police station to interview me and they sent the reporter away.”
She said that while in custody, she was never taken before a Judge or Magistrate.

Russell pointed out that the conditions at the East La Penitence Police Station were poor. She disclosed that she was without proper and adequate meals and supplements and as a result had to be taken to the East La Penitence Heath Centre for medications.

She had further complained that, “While at the East La Penitence Police Station, I became depressed and stressed. At the East La Penitence Station, the lighting and ventilation were very poor and I spent all the time in the cell and had no leisure or physical activities.”

In all the circumstances, the Jamaican national held that the police had no legal authority to keep her in custody after 72 hours, without charging her or seeking an extension of time from the courts.

In her lawsuit filed against the Attorney General, Commissioner of Police and Chief Immigration Officer, Russell had claimed in excess of $50M for false imprisonment; a declaration that she suffered inhuman, degrading treatment by the State; a declaration that the Guyana Police Force and Immigration Officers of the State had no legal authority to further imprison her beyond her prison sentence; a declaration that the Guyana Police Force and Immigration falsely imprisoned her.

In addition, she also wanted, $10M per day for everyday she spent in unlawful custody, in excess of $20M for inhumane and degrading treatment, and in excess of $20M for the breach of her freedom of movement.

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• Anil Nandlall, Attorney General of Guyana, SC, Shalimar Ali-Hack, the Director of Public Prosecutions

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