Lawyers seeking answers from Top Cop over search of ‘Melly Mel’s’ relatives’ home

Sep 20, 2024 News

---

Kaieteur News – A battery of lawyers has written the Commissioner of Police, Clifton Hicken seeking answers on the legal basis for searching the home of relatives of social activist, Melissa ‘Melly Mel’ Atwell earlier this week at Eccles, East Bank Demerara.

Police have come under heavy criticisms for the search during which nothing illegal was found at the house. Opposition political parties have deemed the search illegal and said it was aimed at intimidating and harassing Atwell who is a vocal critic of the PPP/C administration.

Titled “TRESPASS AND VIOLATION OF CONSTITUTIONAL RIGHTS OF MS. DEBBIE TYSON AND MS. JOSEPHINE TYSON”, the letter was signed by lawyers: Roysdale Forde S.C., Nigel Hughes, Joseph Harmon, Eusi Anderson, Dr. Dexter Todd, Narissa Leander, Iyanna Butts, and Darren Wade.

In the letter, the lawyers said they have been retained by Ms. Debbie Tyson, Ms. Josephine Tyson, and Ms. Melissa Atwell regarding the matter at caption.” We are instructed by our clients that on the 17th of September 2024, ranks of the Guyana Police Force appeared at and carried out an unlawful search and trespass of the home of Ms. Debbie Tyson and Ms. Josephine Tyson at Lot 86 BB Eccles, East Bank Demerara. Ms. Debbie Tyson and Ms. Josephine Tyson are the mother and grandmother of Ms. Melissa Atwell,” the letter stated.

It added that Ms. Atwell is a well-known human rights activist who has been using her social media platform to advocate against widespread cases of alleged corruption within the Government of Guyana and the Guyana Police Force. “We have advised our clients that these actions constitute trespass and a violation of our clients’ constitutional right against arbitrary search and entry, as afforded to every Guyanese under Article 143 of the Constitution of the Co-operative Republic of Guyana. We are instructed that the unlawful actions of the Guyana Police Force constitute an attempt to harass, bully, and intimidate Ms. Atwell into remaining silent in relation to her criticisms of the Government of Guyana and the Guyana Police Force.”

The lawyers said their clients have also instructed us that ranks of the Guyana Police Force, during the “unlawful search, conducted themselves in a manner amounting to a violation of Article 141 of the Constitution, which provides protection from inhuman or degrading treatment.” The lawyer detailed that during the search, “our clients observed no body cameras being worn by the ranks conducting the search, nor was the search video-recorded, despite the capability of the Guyana Police Force to have done so.” As such, the lawyers said: “In the circumstances, our clients have instructed us to request from you, as we hereby do, the factual and legal basis upon which your ranks purported to search our clients’ residence and their persons, in written form, inclusive of any documentary sources that informed. your actions. In light of the seriousness of this matter, we expect a response no later than 48 hours upon receipt of this letter. Failure to respond within this timeframe will result in the institution of legal proceedings against the State of the Cooperative Republic of Guyana.  Thank you for your immediate attention to this matter.

Meanwhile, on Thursday Vice President (VP) Bharrat Jagdeo addressed allegations of political victimization against Atwell. At his weekly press conference, he said that the ruling People’s Progressive Party Civic (PPP/C) is not in the practice of attacking social media activists.

The VP instead defended the party’s record on social issues, including recent pension increases and health initiatives for women.

He said, “I don’t like to comment on the fringes because you just give them more [attention]…Any social influencer does not pose a threat to the PPP. Our support is based on our work on the ground, and we prioritize the interests of the people.”

The VP’s comments come after a police operation that uncovered 27 grams of cannabis in an alleyway near Atwell’s family residence at Eccles, East Bank Demerara (EBD). The police were reportedly conducting a search for narcotics when the drugs were discovered.

Responding to questions as to whether the government sanctioned the search of Melly Mel’s family’s home, Jagdeo emphasized that the PPP/C government remains unthreatened by figures like Atwell.

Jagdeo reiterated the PPP’s commitment to defending civil liberties and free speech. “She has every right to express herself. If she libels someone, there are legal remedies available, but using intimidation is not something we support as a government,” he said.

Former Mayor of Georgetown, Ubraj Narine in adding his voice to the issue called on the ABCE countries to take note that “under the PPP administration, every time someone criticizes or critiques it, he or she is subjected to harassment, intimidation, criminal or civil charges, and the like. The latest victim is Melly Mel. Fortunately, she lives in America where rights are protected and people can freely criticize the government without fear of victimisation. They are several more in USA that the PPP government has targeted including Rickford Burke.”

Narine said other innocent victims of the PPP administration include Malcolm Harripaul and himself. “When charges are not filed and when it can’t get you, the government directs the police or tax department to come after you. They also use paid social media trolls and paid letter writers in state media and another PPP affiliated media to attack critics or against those with whom they are in disagreement. Yet, this government claims it is not autocratic. I appeal to the American government to take measures to rein the autocrats of this government,” Narine noted.

The two main opposition political parties- People’s National Congress Reform and Alliance For Change (AFC) have also condemned the search. The search has raised the question as to whether proper protocols were followed by the officer and Kaieteur News had been informed that a section of the high command of the Force was unaware of the search as well as the ranks and commander in the division. In a Facebook post, following the search, Atwell wrote: “My family is now the target of this government and the Guyana Police Force. Harassing and intimidating my 87-year-old grandmother suffering from dementia and my mother. Van load of police claiming how drugs does come to we through barrels and boxes. Doing everything to break me because I refusing y’all hush money. This God don’t sleep.”

In a statement issued Tuesday evening, the AFC said: “we strongly denounce the intimidation tactics employed against Atwell’s family, which represent a disturbing erosion of civil liberties and the misuse of police powers. The AFC stands in solidarity with Melissa Atwell and her family during this troubling time and calls for a full, independent investigation into this incident. Those responsible for these unlawful actions must be held accountable.”

Furthermore, the AFC said, “we urge the Guyana Police Force to respect the sanctity of private homes and adhere to the legal protocols enshrined in our constitution, which safeguard the rights of every citizen. The targeting of individuals, especially those who exercise their right to free speech, undermines the democratic fabric of our nation. The AFC reaffirms its commitment to justice, fairness, and the protection of all Guyanese, and we will continue to stand against any abuse of power or infringement of constitutional rights.”

For its part, the PNCR said the fact that the Force continues to execute instructions aimed to silence those like Ms. Atwell, who expose the corruption, malpractices and incompetence in the GPF and government officials, is further explicit evidence that the Force has been politicised and de-professionalised by the PPP regime.

“While this most recent act of victimisation by the GPF is unsurprising, as this is the modus operandi of their political master the PPP, the Force is urged to remember their mandate to investigate crimes committed by those in high office, and not to harass innocent Guyanese and their relatives. The PNCR calls on the Guyana Police Force to desist from targeting the relatives of Ms. Atwell
and all others who speak out against government corruption, executive lawlessness, and political and racial discrimination.”

In a press release following the raid, police said that the search was carried out between 16:10 and 17:00hrs, by a team of ranks led by a gazetted officer, Assistant Superintendent, M. Singh. According to the police, the team acting on intelligence received, went to the home of Debbie Atwell where a search warrant was executed for narcotics. “Police searched the house and yard. However, while searches were conducted in the yard, police ranks observed a black plastic bag containing a transparent plastic (Ziploc) bag, which had a quantity of suspected cannabis, over the back concrete fence in the alleyway (next to some banana trees). The suspected cannabis was thereafter retrieved and taken to the Providence Police Station, where it was weighed and amounted to 27 grams. Additionally, the suspected cannabis is being processed for fingerprints. Investigations are continuing,” the release concluded.

Kaieteur News was told that police had received the alleged information of drugs over the weekend and it was until Monday, Officer Singh unbeknownst to the Commissioner of Police, Clifton Hicken, Crime Chief, Wendell Blanhum and the officer-in-charge of operations went to the Court and obtained a search warrant for Atwell’s home. Kaieteur News was told by sources that it would appear that only Senior Superintendent Ravindradat Budhram who is currently performing duties as ‘deputy commissioner’ in charge of administration was aware of the officer’s approach to the High Court for the search warrant. “There were several breaches in this operation, but it is left to be seen what will happen,” the source told this newspaper. In addition to the bypassing of the high command of the Force, Kaieteur News was told also that the Commander and ranks of the East Bank Demerara division were also unaware of the search.

Melissa Atwell, who resides in the United States of America (USA), is known for using her social media platform to expose alleged corruption within the government and highlighting various injustices. Her outspoken stance on social and political issues has garnered her a significant following. Last year, she lodged a “transnational complaint” against the Guyana Government with the Federal Bureau of Investigation (FBI). A complaint under transnational repression means that a foreign government is stalking, harassing and intimidating an individual living in the United States. Atwell’s complaint was made following reports that several cybercrime charges are being initiated against her by the GPF.

---

• Clifton Hicken, Commissioner of Police, home, lawyers, Melissa ‘Melly Mel’ Atwell

---