No violation of constitutional right of Melissa “Melly Mel” Atwell’s parents – AG Chambers

Last Updated on Sunday, 22 September 2024, 17:55 by Writer

The Attorney General’s Chambers on Friday produced a copy of a search warrant issued by a magistrate that was enforced to search Melissa “Melly Mel” Atwell’s parents home for narcotics, and said the main occupant,” Debbie Tyson, said she was satisfied with the officers’ conduct during the search.

“In fact, upon the conclusion of the exercise, the person who identified herself as “Debbie” and appeared to be the main occupant of the premises, was specifically asked by the lead police officer whether she was satisfied with the conduct of the officers during the exercise and she answered in the affirmative. This conversation and almost the entirety of the execution of the warrant was video-taped.

An original copy of the said search warrant was left with the person who identified herself as the main occupant of the premises,” Principal Legal Officer, Ronetta Sargent told Ms Debbie Tyson’s lawyer, Attorney-at-Law Darren Wade.

Mr Wade and a battery of lawyers had threatened legal action against the Guyana Police Force (GPF) in a September 19, 2024 letter to Police Commissioner, Clifton Hicken for alleged trespass and violation of the constitutional rights of Ms. Debbie Tyson and Ms. Josephine Tyson.

Ms Sargent said that based upon reasonable grounds for suspecting that an offence against the Narcotics and Psychotropic Substance Control Act, Cap. 10:10 has been or, is being committed by “Debbie” at premises known as and situated at Lot 86 BB Eccles, East Bank Demerara and that evidence of the commission of the offence is to be found at the said premises, a duly authorised Officer of the Guyana Police Force applied for and obtained a warrant under the hand of the Presiding Magistrate at the Diamond/Golden Grove Magistrates Court dated 17th September, 2024, to enter and search the said premises, in accordance with the provisions of the said Act.

The principal legal officer said the Attorney General’s Chambers was instructed that members of the GPF who executed that warrant on the 17th September, 2024, between 16:00 hours to 16:50 hours, did so in “scrupulous compliance” with the laws and Constitution of Guyana.

Investigations in respect of this matter are still ongoing, she said.

“In the circumstances, each and every allegation of violation of the law, the constitutional rights of your clients and breach of the Constitution itself, is strenuously denied and emphatically rejected hereof.

Additionally, each and every ulterior, illicit and improper motive which you have ascribed to members of the Guyana Police Force in respect of this matter is similarly denied and rejected,” the principal legal officer added.

In apparent reaction to claims by Attorney-at-Law Wade and other lawyers representing the Tysons and Ms Atwell that the search was a direct result of the fact that Ms Atwell was speaking out against alleged corruption by the government and the GPF, the Attorney General’s Chambers Chambers said the police did not know who was “Debbie” before the search.

“Indeed, and for the avoidance of doubt, we are instructed that the Police Officers involved, at the time when they applied for and executed the warrant, had no prior knowledge of who “Debbie” is, or to whom she is related, which in any event, would have been immaterial to the matter at hand,” Ms Sargent said.

She sought to assure that the GPF would continue to discharge its statutory duties pursuant to the Police Act, Cap. 16:01 without fear or favour and in due compliance with the letter and spirit of Guyana’s Constitution and “will not be swayed by the identity, station or activism of any individual or citizen.”

The government said if the Tysons go ahead and sue the police, “any legal proceedings instituted as threatened will be stoutly defended.”