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Full court dismisses appeal by attorney
Kaieteur News – The Full Court of the High Court on Thursday dismissed an appeal by attorney Tamieka Clarke, now a magistrate, in the case against the Attorney General (AG), Anil Nandlall, SC.
Attorney General (AG), Anil Nandlall, SC
Magistrate, Tamieka Clarke
Clarke had appealed a decision by acting Chief Justice Roxane George, SC, which awarded her $700,000 in damages and $250,000 in costs. The case originated from an incident on October 28, 2022, when Clarke was detained for under an hour by ranks of the Special Organized Crime Unit (SOCU) at their headquarters in Georgetown. Clarke subsequently filed a Fixed Date Application, suing the State for breach of her fundamental right to liberty under Article 139 of the Constitution. She sought declaratory orders and damages for her detention.
Nandlall had publicly apologised for the incident and made several settlement offers, all of which were rejected by Clarke. As such, the matter proceeded to a hearing on June 12, 2023, where the AG conceded liability, leaving only the compensation amount to be decided. On November 17, 2023, the court ordered SOCU to issue an apology to Clarke and awarded her $700,000 in damages and $250,000 in costs.
During Thursday’s hearing the Attorney General objected to the Full Court’s jurisdiction to hear Clarke’s appeal, arguing that it should have been filed with the Court of Appeal, as it involved a final decision on the enforcement of fundamental rights. After considering submissions from both parties, the Full Court upheld the AG’s objection, ruling that the appeal should indeed be directed to the Court of Appeal. Additionally, the Full Court awarded the Attorney General $200,000 in costs. The AG represented himself, supported by attorneys Shoshanna V. Lall, Laurel Dundas, Aruna Budhram, and Ismat Bacchus. Clarke was represented by attorneys Nigel Hughes and Shawn Shewram.
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