Arrest of lawyer by SOCU: Action “disturbing, perverse, unlawful, oppressive” – Bar Association in condemnation

The Guyana Bar Association (GBA) and Guyana Association of Women Lawyers (GAWL) have condemned the Guyana Police Force (GPF) for detaining Attorney-at-Law Tamieka Clarke for advising her client to remain silent.
In a missive, the GBA registered its displeasure at the GPF’s disregard for the rule of law and the fundamental right to counsel which are the “hallmarks of a democratic society”.
“Today [Friday] the actions of the members of the Guyana Police Force’s Special Organised Crime Unit (SOCU) towards our colleague, Ms Tamieka Clarke, Attorney-at-Law sought to destroy these foundations of our democracy,” the Bar Association noted.

From all indications, the Bar said that the lawyer’s arrest was prompted by her advice to a client to exercise his constitutional right to remain silent and follows a threat made to her earlier this week that she would be arrested if her client did not give a statement to the Police on a matter they are investigating.
The representative body for lawyers made it clear that it “unreservedly and unequivocally” denounces the action of GPF while stressing that such an action is “disturbing, perverse, unlawful, oppressive, and wholly unacceptable”.
The GBA, therefore, called on the acting Police Commissioner, Clifton Hicken, to: forthwith issue an apology to Clarke; compensate her for unlawful imprisonment; launch a full investigation into the matter at hand with such necessary disciplinary action enforced swiftly including charges being laid against the offending officer(s), there being no lawful grounds for the arrest; and to exercise disciplinary action including termination of any officer(s) who were aware of and allowed this type conduct.

“The Bar Association inclusive of its Criminal Bar Committee does not take this matter lightly and will take all necessary steps to ensure that our members can exercise their professional duties without intimidation and that the rule of law is upheld.”

Executing duties
In a separate statement, the GAWL, on the other hand, made it clear that at no time should a lawyer be fearful of executing his/her duties. According to the Association, an attorney has the legal right and responsibility to offer legal counsel to their client.
Its statement added, “One such responsibility is to remind the client that he/she cannot be compelled to give evidence in a criminal matter, which is enshrined in Article 144 (7) of the Constitution of the Co-operative Republic of Guyana.”
Emphasising that a lawyer advising her client that he has a right to remain silent during an interview is not outside of the scope of the law, the GAWL thus called on the Top Cop to issue an apology and cause a probe to be promptly conducted into SOCU’s actions.
Police have since announced that the incident is being investigated by its Office of Professional Responsibility (OPR). (G1)