CJ orders SOCU to pay attorney $700,000 for wrongful arrest

Attorney-at-Law Tamieka Clarke has been awarded $700,000 in damages by Chief Justice Roxane George, SC, over her wrongful arrest by Special Organised Crime Unit (SOCU) ranks on October 28, 2022 while she was advising her client to exercise his constitutional right to remain silent.

This award was made last Friday, and SOCU has since issued Clarke with a court-ordered “unequivocal apology”. SOCU, an arm of the Guyana Police Force (GPF), was ordered by Justice George to declare in the apology its understanding of the right of lawyers to advise their clients to remain silent, and to engage with their clients in private, albeit they may remain in the sight of investigators.
“Upon a mature reflection and upon legal advice received, we recognize 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”, the apology letter has said.

This letter is dated November 21, and is signed by Assistant Commissioner Fazil Karimbaksh, who heads SOCU, and by Superintendent Krishnadat Ramana, on whose orders Clarke was taken into custody.
According to the ruling shared by Clarke’s attorney Nigel Hughes, a third order has been directed to the Guyana Police Force to commit to include in its curriculum, for all officers and ranks, training on Articles 39(2) and 139 of the Guyana Constitution, the Human Rights Conventions enshrined therein, and the United Nations publication on the “Basic Principles on the Role of Lawyers.” This has to be done within seven days of the Chief Justice’s order, which was entered on Monday.
In the event that SOCU disregards the directives, Clarke will receive an additional $300,000. In addition, the agency will be held in contempt of court, and its officers may face jail time. Moreover, SOCU must pay Clarke $250,000 in costs by December 31 at the latest.
Following a brief trial, the Chief Justice ruled on June 12 that SOCU breached the fundamental right of the attorney when its agents arrested her for advising her client to remain silent.
In her ruling, Justice George declared that Attorney Clarke’s “…fundamental right to personal liberty as guaranteed and protected by Article 139 of the Constitution was breached… [by] officers of the Special Organised Crime Unit when (Clarke) was arrested and detained…for advising [her] client to remain silent when questioned by members of the Guyana Police Force.”

Background
The incident, which sparked widespread condemnation and even protest action by the legal fraternity, occurred on October 28, 2022 at the SOCU Headquarters on Camp Road, Georgetown. At the time, Attorney Clarke had accompanied her client, who was under investigation by SOCU, to the agency’s office, where he was asked to sign a statement. However, the man told investigators that he was advised by his lawyer not to sign anything.
This resulted in a SOCU official accusing the attorney of preventing her client from giving a statement, and he ordered that she be arrested for obstructing an officer in the conduct of his duties. Her cell phone was taken away, and she was prevented from leaving. As such, Clarke remained detained at SOCU until her lawyer Nigel Hughes got there.
Clarke, who had previously served as a State Counsel in the Office of the Director of Public Prosecutions (DPP), was released only after the intervention of Attorney General Anil Nandlall, SC, who had offered her a profound apology for the “unfortunate incident”.
Attorney Clarke subsequently filed a lawsuit against the State, naming the Attorney General as the respondent. She was seeking more than $300,000 in damages for, among other things, false imprisonment and violation of her constitutional rights.
In addition to finding that Clarke’s fundamental right was breached, Justice George also made four other declarations. It was found that the detention and seizure of the attorney’s cellular phone by officers of SOCU without her permission and without lawful excuse was wrongful.
The Chief Justice also declared that an attorney-at-law admitted to practice in Guyana is entitled to advise a client to remain silent when questioned by any law enforcement agency.
Justice George further ruled that an attorney-at-law practising at the Bar in Guyana is entitled to consult with his/her client in private without the contents of the consultation being recorded in any way, including using audio-visual recording by any law enforcement agency.
Moreover, the Chief Justice found that as an attorney-at-law admitted to practice in Guyana, Attorney Clarke is entitled to advise any person who has sought her counsel to exercise the right to remain silent when questioned by a member of any law enforcement agency in Guyana.
Shalimar Ali-Hack, SC, the Director of Public Prosecutions (DPP), had recommended against filing any criminal charges against SOCU officials for Clarke’s arrest; and she had also discontinued the private criminal charges that Clarke’s counsel had filed against the officers.