Region Four Elections Returning Officer, Clairmont Mingo on Thursday asked the High Court to order his release from police custody.
“I am advised by our Attorneys-at-Law and verily believe the same to be true that the police are in breach of the applicant’s fundamental right to his liberty…that the applicant has been detained without lawful excuse and in violation of his constitutional rights,”his wife, Waveney Mingo said in an affidavit.
She added that “the arrest and continued detention of the applicant is unlawful, unconstitutional and an abuse of power…that unless the Commissioner of Police is directed to forthwith release the Applicant, the applicant will suffer gross violations of his guaranteed and protected constitutional rights for a protracted period of time.”
The writ of habeas corpus was served on Police Commissioner Nigel Hoppie and it comes up for hearing before Justice Brassington Reynolds.
Representing Mr Mingo are Attorneys-at-Law Darren Wade and Roysdale Forde. They say there is no basis in law or in fact for Mr Mingo to be detained in custody for inquiries or investigations into the commission of any act of fraud or conspiracy.
Against that background, the lawyers say the Guyana Police Force has breached Mr Mingo’s constitutional right to liberty.
The lawyers say the grounds for the application are that Mr Mingo was arrested on August 25, 2020 by police bearing a purported search warrant that was not served on him.
The lawyers say he was arrested purportedly on allegation of fraud but he was not told who made the allegation. In the court papers, the lawyers say Mr Mingo “is adamant that he has committed no fraud of any sort and that his arrest and detention are politically motivated.”
Furthermore, Attorneys Wade and Forde say Mr Mingo is still being held by police and has not been told of his constitutional right to an attorney of his choice, and he “requested an audience with his Attorney-at-Law and was denied his request.”