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No breach of constitutional rights committed during search of ‘Melly Mel’s’ relatives’ home – Principal Legal Adviser
Kaieteur News – The office of the Attorney General has firmly rejected allegations of constitutional rights violations committed against the relatives of social media activist Melissa ‘Melly Mel’ Atwell.
Social media activist, Melissa ‘Melly Mel’ Atwell.
A battery of lawyers have written to the Commissioner of Police, Clifton Hicken seeking answers on the legal basis for searching the home of Atwell’s relatives located at Lot 86 BB Eccles, East Bank Demerara, earlier this week.
Police have come under heavy criticism 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.
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.
In their letter, lawyers for Atwell’s relatives said their clients have also instructed them 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.”
In a letter responding to the allegations, Principal Legal Adviser Ronetta Sargent attached to the Attorney General (AG) Chambers denied the allegations.
She instead claimed that a magistrate at the Diamond/Golden Grove Magistrates’ Court issued a search warrant based on reasonable grounds for suspecting an offence against the Narcotics and Psychotropic Substance Control Act. She emphasized that the police had reason to believe that evidence of the commission of an offence could be found at the premises.
In the letter, Sargent explained, “We are instructed that the members of Guyana Police Force who conducted the search on 17th September, between 16:00 hours and 16:50hrs, did so in scrupulous compliance with the laws and the constitution of the Cooperative Republic of Guyana.”
“In fact, in conclusion of the exercise, the person who identified herself as Debbie and appeared to be the main occupant of the premises was specifically asked by the lead Police Officer whether she was satisfied with the conduct of the officers during the search and she replied in the affirmative.”
According to the Principal Legal Adviser, “This conversation and almost the entirety of the execution of the warrant were video-taped. An original copy of the said search warrant was left with person who identified herself as the main occupant of the premises.”
Sargent said that an original copy of the search warrant was left with Debbie [Atwell’s mother] for reference.
A copy of the search warrant served on ‘Melly Mel’s’ relatives
The Principal Legal Adviser reassured that the police had no prior knowledge of “Debbie” or her connections, stressing that such information would have been immaterial to the case at hand.
Sargent reaffirmed the Guyana Police Force’s commitment to performing its statutory duties without fear or favour, ensuring compliance with the law and the Constitution of the Co-operative Republic of Guyana.
“In the circumstances each and every allegation of violation of the law the constitutional rights of your clients and breach of the constitution itself is strenuously denied and emphatically rejected. Additionally, every ulterior illicit and improper motive which has been ascribed to members of the Guyana Police Force in respect to this matter is similarly denied and rejected,” the letter from the AG’s Chambers added.
Additionally, the missive stated that investigations regarding the matter are ongoing and therefore any potential legal actions taken against the police would be robustly defended.
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