Terrence Sandy, a 22-year-old porter of Kuru Kururu, Linden/Soesdyke Highway, has filed a $96 million lawsuit against the Guyana Police Force, and by extension, the State, for wrongful arrest and imprisonment for 80 days.
The action was filed through Dexter Todd and Associates Law Firm and a press release from the entity detailed the series of events that led to the charge of break and enter and larceny finally being withdrawn and the release of Sandy from prison.
According to the release, on June 10, 2023, Sandy was walking home when he was approached by a Police van and a police officer asked him if his name was Ceasar.
He responded in the negative and they then asked him if he worked on a truck. He indicated to them that he did and he was told to get into the police vehicle. He was thereafter taken to Timehri Police Station where he was officially arrested and taken to the Madewini Police Station on the Linden/Soesdyke Highway where he was placed in a cell with no explanation and without a statement being requested of him.
He was subsequently charged with the offence of break and enter and larceny, and taken to the Diamond Magistrate’s Court where he was unrepresented and subsequently remanded by the Magistrate on June 13, 2023.
“Mr. Sandy was imprisoned at the Lusignan Prison and his family thereafter retained an attorney to represent him. Full disclosure was done in this matter on Friday July 7, 2023, and upon review of all the statements served on Mr. Sandy, it was discovered by his attorneys that there was absolutely no evidence implicating Mr. Sandy in the alleged offence that was committed.
“In fact, there was absolutely no mention of his name, no mention of an alias or even a description of him by any of the witnesses. The virtual complainant himself made no mention of Mr. Sandy and never identified him as someone who robbed him. Even further, there was no statement speaking to his arrest, an allegation being put to him or anything pointing to the Police following the procedures prescribed by law and the judge’s rules,” the law firm detailed.
His attorneys wrote the Director of Public Prosecutions on July 18, 2023 requesting that she review the file and withdraw the charges against Mr. Sandy.
This was also raised in Court on July 27, 2023 where the police revealed that the file was never sent to the DPP for advice before the charges were instituted against Sandy.
The court therefore ordered that the file be hand delivered to the DPP’s office for advice.
On return to court on August 28, 2023, it was revealed that the file was never sent to the DPP for advice and that the prosecution was still in possession of the file.
“The court once again ordered that the file be sent for advice and that it be hand delivered. Upon return to court on August 28, 2023 the story was the same; the file was not taken to the DPP’s chambers for advice. Bail was eventually granted to Mr. Sandy and his co-accused in the sum of $150,000 along with weekly reporting conditions,” the release noted.
Finally, by letter dated September 26, 2023 the DPP indicated that she reviewed the file and advised that the matter be withdrawn. The charges were subsequently withdrawn on October 5, 2023 at the Diamond Magistrate’s Court, but only after counsel raised the point of the letter sent by the DPP to withdraw the charges.
“This withdrawal letter was in the police file but the police refused to bring it to the court’s attention, even after the Magistrate gave an adjournment dated in January, 2024.”
According to the law firm, “The simplest of investigation and due diligence would have been sufficient to prove that Mr. Sandy was in no way involved in the committal of the offence and that the police had the wrong person. Nevertheless, the Guyana Police Force proceeded with their unlawful arrest and subsequently pressed criminal charges, tarnishing Mr. Sandy’s reputation with a baseless accusation.”
As a result, Sandy is now seeking $96 million for the immense damage caused by his unlawful arrest, unwarranted detention, unjust imprisonment, and malicious prosecution.
The State and Police should pay this wrongfully arrested man $95 Million, thereby having a $1 Million discount
for settling.