High Court orders State to compensate man for unlawful arrest, detention

Last Updated on Monday, 15 June 2026, 0:03 by Denis Chabrol

The High Court has ruled that the State must a pay man GY$1.6 million for unlawful arrest and detention by members of the Guyana Police Force more than one year ago.

High Court Judge Simone Morris declared that the arrest and detention of Mikhail Miggins on November 14, 2024 at Wales Police Station was unlawful and a contravention of his fundamental right not to be deprived of his personal liberty as guaranteed by Article 139 of Guyana’s Constitution.

The court furtherdeclared that Miggins’ detention at the Parfait Harmonie Police Station from November4 to 8,2024 was in contravention of his fundamental right not to be deprived of his personal liberty as guaranteed by the constitution.

As a result, the Attorney General, who was named as the Defendant shall pay GY$1.6 million to Miggins general damages for unlawful arrest and detention.

Justice Morris said the money must be calculated with interest at the rate of 6% per annum from the date of filing to June 12, 2026 which was the date  of that judgment and 4% per annum from the date of judgment until the judgment sum is fully paid.

“I have considered the Claimant’s unjustified detention (four days). No reason was
advanced for not placing him on station bail for what admittedly was a report of a summary nature. There was also no evidence that he posed a flight risk. I
considered too that he must have suffered injury to his feelings,” the judge said.

She said there was no evidence of the conditions of his detention so this factor will have this factor will have no bearing on the assessment of damages.

According to the High Court decision, Mr Miggins nstituted this action seeking declarations that members of the Guyana Police Force maliciously prosecuted, falsely imprisoned and committed assault and battery on him. Corresponding declarations regarding constitutional breaches of his right to liberty, protection from deprivation of property and protection against inhumane and degrading treatment are also sought. L

2. It is the Claimant’s case that on the 14th November 2024, the police visited his home to effect an arrest of his brother.

He states that while making inquiries about the discharge of a firearm by the police during the arrest, Corporal Greene slapped his phone out of his hand and placed him along with his brother in the police vehicle and took them to the Wales Police Station. Mr Miggins advanced that, while at that police station, he continued to inquire regarding the shooting of his brother and Corporal Green instructed other ranks to lock him up for disorderly behavior and obstructing the police.

The Claimant states that the police then took away his cellular phone, ordered him back into the police vehicle and took him to the Parfait Harmonie  Police Station.

Mr Miggins further advanced that he was detained at that police station until the 18thNovember, 2024 when he was placed before the court. He states that, during his period in custody, no allegation of the commission of an offence was put to him. The Claimant testified that, upon appearing before Magistrate Weever, a summary charge of fraudulent conversion was read to him. He advances that the magistrate observed that the charge was bad in law and could not be substantiated and that this resulted in the withdrawal of the matter by the prosecutor.