Police slammed for arresting attorney for advising client to remain silent; lawyer to sue police for wrongful arrest

Last Updated on Friday, 28 October 2022, 16:42 by Denis Chabrol

Attorneys-at-Law Nigel Hughes and Tamika Clarke.

The Guyana Bar Association (GBA) and Guyana Association of Women Lawyers (GAWL) on Friday condemned the Guyana Police Force’s Special Organised Crime Unit (SOCU) for arresting an Attorney-at-Law Tameika Clarke because she advised her client to remain silent during questioning, even as Attorney General Anil Nandlall said he instructed police to release her.

The police force said the alleged arrest of the lawyer was being investigated internally, based on a statement by the GBA.  “As such, the Police Office of Professional Responsibility has since been instructed lo launch an investigation into the allegations,” the police force said in a terse statement.

No public apology was issued.

Prominent Attorney-at-Law Nigel Hughes said Ms Clarke would be taking legal action against police for wrongfully arresting her “to ensure that this does not happen to any other member of the legal profession in Guyana once they are exercising their right as counsel in advising their clients, in keeping with the law.”

“This is a real dirty, nasty assault on the rule of law,” Mr Hughes added.

Ms Clarke accused a named SOCU officer of threatening to lock her up if her client did not give a statement. “All I am advising you is that Counsel will need Counsel,” she recalled the officer telling her on Thursday.  She said as she was attempting the leave a policeman blocked the door and a policewoman told her she needed her watch. She said the SOCU Head was not in the office at that time and her client did not sign the statement for the offence of computer related fraud.

Mr Hughes said he formally notified the GBA President Attorney-at-Law Pauline Chase that a practicing lawyer at the Guyana Bar had been arrested. Mr Hughes, a well-known criminal and civil lawyer, said Friday’s action by the police had nothing to do with politics as anyone could be a victim. “This particularly disturbing for this reason. The rule of law and the enforcement of law, which the judiciary is tasked with to the protect the citizen from the might and power of the State, is under threat for this reason,” he said.

Mr Hughes said the proceedings against her unlawful imprisonment but would be seeking exemplary damages. “If you are the subject of an investigation and you have protected constitutional rights and the law enforcement agencies say to you that we will not only ignore but we will intentionally disregard those rights and put your counsel’s liberty in jeopardy for gibing you advice that is constitutionally correct, it means the rule of law is being vacated,” he said.

The Attorney General said he first became aware of the incident from Attorney-at-Law Shaun Allicock who called and informed him that Ms Clarke, a member of his chambers, was arrested by SOCU. Mr Nandlall said, in his capacity as the constitutional legal adviser to the police force, he  called SOCU Head Deputy Police Commissioner Fazil Karimbaksh who gave “an explanation” after which he instructed that Ms Clarke be released. “I spoke with Ms Clarke and I informed her of my intervention and my advice and I offered my apologies as a colleague of the Bar for the unfortunate incident,” the Attorney General said on Facebook.

In separate statements, the GBA, GAWL and  prominent Attorney-at-Law Nigel Hughes condemned the Police Force for obstructing the lawyer from executing her duties lawfully by properly advising her client to remain silent, and called on the Police Force to apologise to Attorney-at-Law Clarke and compensate her for unlawful imprisonment.

The GBA said the police action against the lawyer sought to demolish a person’s constitutional right to a lawyer and disregard the rule of law. That association accused the police force of  threatening the lawyer earlier this week if her client did not give a statement to police on the matter they are investigating.

“The Bar Association unreservedly and unequivocally condemns the actions of the Guyana Police Force. Such action is disturbing, perverse, unlawful, oppressive and wholly unacceptable,” the GBA said. The Association called on the Police Force to investigate the matter and take disciplinary action including charges against the SOCU officers because there was “no lawful grounds for the arrest” and the dismissal of the officers who were aware of that type of “misconduct.” “The Bar Association inclusive of its Criminal Bar Committee do not take this matter lightly and will take all necessary steps to ensure that our members can exercise their professional duties without intimidation and that the Rule of Law is upheld,” the GBA said.

For its part, GAWL said it “vehemently condemns” SOCU’s actions against Attorney-at-Law Clarke in clear violation of Guyana’s Constitution. “SOCU by their actions intimidated Ms. Clarke and prevented her from executing her duties to her client. At no
time should an Attorney-at-Law be fearful of executing his/her duties,” that association said. Noting that the lawyer did not violate any law by advising her client to remain silent rather than being compelled to give evidence in a criminal matter, GAWL asked Police Commissioner Clifton Hicken to apologise to Ms Clarke and order a probe into the incident. “We call on the commissioner of Police to issue an apology and cause an investigation to be promptly conducted into the actions of SOCU,” the Women Lawyers Association said.