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Mohamed’s guard remains in custody over ‘Paper Shorts’ …as High Court upholds detention order
(Kaieteur News) – High Court Judge, Justice Sherdel Isaacs on Monday upheld a 72-hour detention extension for murder suspect Mark Richmond, validating an order originally granted on Saturday by Justice Sunil Scarce. The extension allows the Guyana Police Force to hold Richmond until Tuesday, July 14, at 1:00 p.m. to facilitate ongoing investigations.
On Saturday, Attorney Damien Da Silva filed a Fixed Date Application for a writ of habeas corpus against Police Commissioner Clifton Hicken, arguing that Richmond’s confinement beyond the constitutionally mandated 72-hour limit is “unlawful and wrongful” and violates Section 139 of the Constitution.
Richmond voluntarily surrendered to CID Headquarters, Eve Leary, alongside his attorney at 1:00 p.m. on Wednesday, July 8, after police visited his Werk-en-Rust home on July 7.
Further detained, Mark Richmond
Speaking to Kaieteur News, Da Silva criticised the police’s conduct, alleging a lack of transparency regarding the initial extension. “An extension was granted Saturday morning a few hours prior to the filing of our application,” Da Silva said. “However, no order of extension was shown to Mr. Richmond… nor was the order orally communicated to him. Nor was there any entry at the police station of the extension where he is being held.”
Da Silva urged the court to scrutinise the merits of the detention, noting that Richmond was previously investigated and detained two years ago for the same matter without charges being instituted. “During this 72-hours, no formal allegation or question in relation to any murder has been put to him,” Da Silva contended, adding that his client has been confronted with no eyewitnesses, forensics, or surveillance footage. “He is literally in a cell with the most deplorable conditions.”
Because the police application for an extension was reportedly made without notice, Da Silva argued it was granted as a matter of course without defense representation, prompting his call for a judicial review of the grounds for detention.
Kaieteur News previously reported that a Fixed Date Application for a writ of habeas corpus was filed in the High Court on Saturday against Police Commissioner Clifton Hicken, challenging the continued detention of Mark Richmond beyond the constitutionally mandated 72-hour limit.
The application, brought by Da Silva, describes Richmond’s ongoing confinement as “unlawful and wrongful” and seeks an order compelling the Guyana Police Force to immediately produce him before the court so the legality of his detention can be determined. The filing argues that Richmond’s right to personal liberty under Section 139 of the Constitution has been flagrantly breached. Court documents reviewed by Kaieteur News indicate that police ranks visited Richmond’s Werk-en-Rust home on July 7, telling his wife he was wanted for questioning. After speaking by phone with an officer at the scene, Richmond turned himself in voluntarily, accompanied by his attorney, at CID Headquarters, Eve Leary, at approximately 1:00 p.m. on Wednesday, July 8.
That timestamp is central to the application: the 72-hour window during which police may hold a suspect without judicial authorisation expired at 1:00 p.m. on Saturday, July 11. Richmond has not been charged, has not been brought before a magistrate, and according to the defense, no court order extending his detention has been produced.
Da Silva told this publication he has been unable to get any information on his client’s status.
“No one is willing to speak with me, nobody is at Eve Leary. Doors are locked. And I can’t speak to no one. No investigating rank. No police rank has formally put any allegation to Mark Richmond, even though he’s wanted for questioning…,” Da Silva stated.
The application also alleges that Richmond has been repeatedly shuttled between CID Headquarters on Vlissengen Road and the Kitty Police Station, and subjected to continuous questioning without legal counsel present, conditions the defense characterizes as “oppressive” and designed to wear down his will. The filing further argues that the investigation can proceed without Richmond’s continued incarceration, pointing to his full cooperation since the outset.
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