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Kuru Kururu man sues police for $96 million for wrongful arrest, detention
Kaieteur News – Terrence Sandy, a 22-year-old porter from Kuru Kururu, Linden/Soesdyke Highway, has taken legal action against the state, demanding a hefty compensation of $96 million over wrongful arrest, and imprisonment.
Attorney-at-Law, Dr. Dexter Todd
Dexter Todd and Associates Law Firm are representing Sandy.
According to the lawyers, on June 10, 2023, Sandy was walking home in his village when he was stopped by a police van and a police officer asked him if his name was Ceasar. Despite Sandy’s clarification that he was not the person in question, he was instructed to get into the police vehicle.
The porter was taken to the Timehri Police Station and subsequently to the Madawini Police Station on the Linden/Soesdyke Highway, where he was placed in a cell with no explanation and without a statement being requested of him. He was subsequently charged with the offence of breaking and entering and larceny, then taken to the Diamond Magistrates’ Court where he was unrepresented.
Sandy was remanded to prison by the Magistrate on June 13, 2023. He was imprisoned at the Lusignan Prison and his family thereafter retained an attorney to represent him.
Full disclosure was done in this matter on July 7, 2023, and upon review of all the statements served, it was discovered by his attorneys that there was absolutely no evidence implicating Sandy in the alleged offence that was committed.
According to the attorneys, there was absolutely no mention of his name, no mention of an alias or even a description of him by any of the witnesses.
The lawyers added that even the virtual complainant himself made no mention of their client and never identified him as someone who robbed him. Even further, there was no statement speaking to his arrest, an allegation being put to him or anything pointing to the Police following the procedures prescribed by law and the judges’ rules.
His attorneys wrote the Director of Public Prosecutions (DPP) Shalimar Ali-Hack, S.C on July 18, 2023 requesting that she reviews the file and withdraws the charges against Sandy.
Notably, the issue was also raised in court on July 27, 2023 where the police revealed that the file was never sent to the DPP for advice before the charges were instituted against Sandy.
Thereafter, the court ordered that the file be hand delivered to the DPP’s office for advice.
When Sandy’s attorney contacted the office of the DPP, they were informed that that the DPP had requested the file but it was never delivered by the Police. On return to court on August 28, 2023 it was revealed that the file was never sent to the DPP for advice and that the prosecution was still in possession of the file.
The court once again ordered that the file be sent for advice and that it be hand delivered.
At a later date, it was revealed that the file was still not taken to the DPP’s chambers for advice. This led to bail being granted to Sandy and his co-accused in the sum of $150,000 along with weekly reporting conditions.
In a letter dated September 26, 2023 the DPP indicated that she reviewed the file and advised that the matter be withdrawn. The charges were subsequently withdrawn on October 5, 2023, after counsel informed the court that the DPP sent a letter indicating that the matter be withdrawn.
The lawyers said that the Guyana Police Force (GPF) failed to do their due diligence and proceeded with their unlawful arrest and subsequently pressed criminal charges, tarnishing their client’s reputation with a baseless accusation.
In response to the miscarriage of justice, Sandy, through his legal representatives has initiated legal action against the State, seeking justice for the immense damage caused.
Sandy is pursuing compensation in excess of $96,000,000 for his unlawful arrest, unwarranted detention, unjust imprisonment, and malicious prosecution.
- Attorney-at-Law, Dexter Todd and Associates Law Firm, Dr. Dexter Todd, Kuru Kururu, Linden, Terrence Sandy
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