Chief Justice (ag) Roxane George awarded Attorney Tamieka Clarke $700,000 in damages after she was wrongfully detained by the Special Organised Crime Unit (SOCU) on October 28, last year while she was advising her client.
Attorney General Anil Nandlall SC, during his “Issues in the News” programme aired on Tuesday night, said it was long recognised that Ms. Clarke was wrongfully detained. He revealed that he personally apologised to her and offered a $2 million settlement on behalf of the State.
That offer, he said, was rejected and a counter offer of $50 million was proposed. That sum, Nandlall said, was overly excessive.
“They (the lawyers for Ms. Clarke) can’t be interested in a settlement by demanding $50 million so they were milking this issue for their own public aggrandisement,” he said.
Nevertheless, Nandlall said the matter was finally concluded and acknowledged the Chief Justice’s orders.
Clarke petitioned the court to declare that her fundamental right to personal liberty as guaranteed and protected by Article 139 of the Constitution of Guyana was breached by SOCU when she was arrested and detained for advising her client to remain silent.
Her client was the subject of a criminal investigation by the Guyana Police Force and SOCU.
She also sought declarations that the detention and seizure of her cellular phone by SOCU without permission was wrongful; that an attorney to practise in Guyana is entitled to advise a client of his/her right to remain silent when being questioned by members of law enforcement and that an attorney is entitled to consult with his/her client in private without the contents said being recorded in any way.
In her ruling, the Chief Justice also said the Superintendent of Police Krishnadat Ramana should issue an “unequivocal apology” to Ms. Clarke.
That apology was issued on Monday and signed by Mr. Ramana and Assistant Commissioner of Police Fazil Karimbaksh.
“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 the investigators, and the consequential right of the client to receive and benefit from such advice.
“This error in judgement is wholly regrettable,” the letter of apology stated.
The Guyana Police Force was also instructed to update the curriculum for Police Officers’ training to include Articles 39 (2) and 139 of the Constitution of Guyana, the Human Rights Conventions enshrined in the Constitution and the United Nations publication on the “Basic Principles on the Role of Lawyers.”
Tamieka Clark, by her calculation, ill advised by her attorneys, missed a GRAND PAYDAY, refusing Anil’s
2 million $$$ settlement. Bet she regretted her action. She, however, should not pay her attorneys fully, but
ask for a discount.
As for SOCU’s head, Pres. Ali need to roll in down the hill at Mabaruma.