$450 million lawsuit
…accused of double-dipping
After accepting millions in compensation under the previous Government as recommended by a Commission of Inquiry (CoI) into the deadly Linden protest in 2012, the families of the dead men are now suing the State in hopes of getting more money.
The relatives of Ron Somerset, Shemroy Bouyea and Allan Lewis, through their attorney, Darren Wade – a candidate on the A Partnership for National Unity/Alliance for Change (APNU/AFC) candidates’ list for the upcoming elections – have filed a $450 million lawsuit against the State, with Attorney General Basil Williams listed as the respondent.
However, on Tuesday, a prominent attorney told this publication that there are a number of legal inefficiencies with the case, adding that the matter can be viewed as double-dipping. The lawyer noted that the statute of limitations act prevents the families to now, after seven years, move to the court for further compensation.
“Compensation was awarded and compensation was paid under the previous Government,” the attorney said, adding that a ruling of a Commission of Inquiry has the same force and effect as an award in a court of competent jurisdiction. This, the lawyer added, is clearly outlined in the Commissions of Inquiry Act.
This, he said, therefore means that the matter is res judicata (having been conclusively determined) by a competent tribunal of law.
He noted that the move to file the proceedings can be viewed with suspicion, as the lawyer for the applicants is a known APNU candidate. This is not the first time a member of the APNU has raised the issue of further compensation. In December 2018, the Finance Minister had said that he would be advocating for a review of the compensation package.
“This is an attempt to raid the treasury before the next elections. Dr Roger Luncheon as the then Head of the Presidential Secretariat had paid the money and now this is an attempt to plunder the treasury,” the attorney told this publication.
Meanwhile, when contacted on the double-dipping allegation, attorney for the applicants, Darren Wade said that the CoI is independent of court proceedings.
“CoI can only recommend…has no enforceable power… recommendations from CoI are not binding…”
While admitting that the families indeed collected compensation, Wade said that the money was “insufficient”.
Attorney General Basil Williams, when contacted said that he has to consult with the Solicitor General on the matter.
Compensation
The CoI had recommended that $3 million be paid to Allan Lewis’ family; $3 million to Shemroy Bouyea’s family and $2 million to Ron Somerset’s family.
Some 13 other persons who received injuries during the protest were awarded between $50,000 and $1.5 million.
Justice Cecil Kennard was the chairman of the CoI.
In the lawsuit which will come up for hearing before Justice Brassington Reynolds on February 25, the families of the dead men are making an application for a declaration that the deceased right to life and fundamental right to liberty were breached, encroached and infringed together with a declaration that the police were reckless and used unnecessary force to kill the men.
The men were among a large group of protesters, who were protesting against the increase in electricity rates in Linden. Seven years after the trio’s deaths, the three families are each claiming in excess of $100 million for the breach and contravention of the deceased fundamental right to life, and another $50 million for the inhumane and degrading treatment the men suffered. In addition, the cost for exemplary damages and aggravated damages are being claimed.
During the protest in 2012, which turned violent, several buildings and bridges were set on fire allegedly by residents of the mining town. Roads were blocked and persons living in Regions Eight (Potaro-Siparuni) and Nine (Upper Takutu-Upper Essequibo) were left stranded for almost a month.
CoI
After the deaths, a Commission of Inquiry (CoI) found that while there is no direct evidence against individual ranks, the Guyana Police Force is culpable for the three deaths.
The Commission had recommended financial compensation to the families of the three slain men, and similar compensation to the wounded, and for those whose properties were destroyed or damaged in the aftermath of the shooting.
Meanwhile, the CoI strongly castigated the individuals who organised the march that led to protesters blocking the Mackenzie-Wismar Bridge and failing to ensure that the protesters did not obstruct the flow of traffic.
One such person included A Partnership for National Unity (APNU) Member of Parliament Desmond Trotman, who supported the blocking of the Mackenzie-Wismar Bridge in his testimony during the CoI.
