Lawyer compensated, receives police force apology for her unlawful arrest

Last Updated on Tuesday, 21 November 2023, 16:57 by Denis Chabrol

A lawyer, who was arrested more than one year ago at the Guyana Police Force’s Special Organised Crime Unit (SOCU) while representing her client, has received a High Court-ordered apology and GY$700,000 in compensation.

A day after Chief Justice Roxane George-Wiltshire issued the orders in favour of Attorney-at-Law, Tamieka Clarke, the arresting officer Police Superintendent Krishnadat Ramana and the Head of SOCU, Assistant Police Commissioner Fazil Karimbaksh not only formally apologised to her.

“Pursuant to a directive contained in the Order of the Honourable Madam Chief Justice Roxane George, SC, CCH, on behalf of the Special Organised Crime Unit and personally, we hereby offer an unequivocal apology for the unfortunate incident, which occurred at SOCU’s Office on 28th October, 2022 involving your good self,” the police officers said in their letter.

In keeping with the High Court order issued on Monday, they also declared that they understood the right of lawyers to, among other things, advise their clients to remain silent.

“Upon a mature reflection and upon legal advice received, we recognise that there was a violation of both Counsel’s right to advise her client to remain silent and to engage with her client in private, though in the sight of investigators, and the consequential right of the client to receive and benefit from such advice. This error in judgment is wholly regrettable,” Mr Ramana and Mr Karimbaksh also said.

The High Court also ordered the Guyana Police Force to within seven days issue a public commitment to include in its training curriculum for all officers and ranks specific training on articles 39 (2) and 139 of the Constitution of Guyana. the Human Rights Conventions enshrined in the Constitution pursuant to art 154A, and the United Nations publication “Basic Principles on the Role of Lawyers” pursuant to art 39 (2).

The Chief Justice also ordered that Attorney-at-Law Clarke be awarded damages in the sum of $700,000 and if they fail to comply with the previously mentioned orders, the lawyer would have to be paid an additional GY$300,000 in damages. The Court also ordered costs to the applicant totalling GY$250,000 to be paid by December 31, 2023.

The State was sued through the Attorney General Anil Nandlall. Ms Clarke was represented by Attorney-at-Law Nigel Hughes.

Ms Clarke moved to the High Court after she was arrested on October 28, 2022 by SOCU agents for informing her client, who has been accused of computer-related fraud, to remain silent. She sued for her wrongful arrest and detention by police and the temporary seizure of her mobile phone without justification.

The  Guyana Bar Association, Guyana Association of Women Lawyers, Jamaica Bar Association, Organization of Commonwealth Caribbean Bar Associations (OCCBA) and the Commonwealth Lawyers Association (CLA) have all condemned the Guyanese police arrest of Ms Clarke. She was released the same day- October 28- on the intervention of Attorney General Nandlall after he was contacted by Attorney-at-Law Shaun Allicock in whose Chambers Ms Clarke works.

Her arrest had sparked off a rare protest by lawyers across the spectrum outside SOCU.