Father, sons awarded $10.5M for wrongful arrest, inhumane treatment by Police

Having found that the constitutional rights of four citizens were breached following their arrest by members of the Guyana Police Force, High Court Justice Priya Sewnarine-Beharry on Monday awarded those citizens $10.5 million in damages, along with $250,000 in court costs.

The claimants: Storm Fausette; his two sons, Shaquille Fausette and Shakeif Fausette; and Daryl Medas (the first-, second-, third- and fourth-named claimants respectively), had filed a lawsuit claiming they were wrongly imprisoned and subjected to inhumane and degrading treatment at the hands of ranks of the Guyana Police Force. In their action, they named former Commissioner of Police Leslie James, Detective Watson, Officer Semple, and the then Attorney General Basil Williams as defendants.

Wrongful arrest
According to the factual background of the case, on January 30, 2018, Storm, accompanied by his brother, took his son Shaquille at School of the Nations to pay fees, and from there went to China Trading on Robb Street, Georgetown, where they purchased floral supplies for Storm’s business.
Around 2:30pm on the said day, Storm picked up his younger son Shakeif, aged five, from the New Guyana School, then dropped off his brother and two sons at the home of Medas, situated at 524 Kiskadee Drive in South Ruimveldt Gardens, Georgetown, before proceeding to Festival City in North Ruimveldt Georgetown, where he met one Richardson.
He then returned to Medas’s residence and collected his children with intention to proceed to their home at Diamond, East Bank Demerara in motor vehicle PTT 2261.
But whilst in the vicinity of Industrial Site in Ruimveldt, Georgetown, a party of Policemen, including Detective Watson and Officer Semple, intercepted the vehicle. Storm and his older son, Shaquille were searched. His five-year-old son remained in the car, which was subsequently searched.
The searches unearthed nothing of evidential value, but Storm and his older son were instructed to hand over their cell phones – to which they complied – and Storm was then instructed to retrace the stops he had made earlier that day, and to drive to the home of Medas.
On arrival there, the home and car belonging to Medas were searched. Medas and two male occupants of his home had their persons searched, and although again nothing of evidential value was unearthed, their cell phones were seized.
The five-year-old child was then dropped off at his grandmother’s residence, while Storm, his older son and Medas was escorted to the East La Penitence Police Station, and then to the Diamond Police Station, where they were placed in the lockups – a dark cubicle measuring 6 feet by nine feet and imbued with a strong stench of human faeces and urine.
When Storm and his older son enquired about the reason for their detention, Police gave them various responses, such as, “It was a normal stop-and- search”; “Police got dem wuk to do”, and, “It is a pending investigation.”
When Medas enquired why his home was being searched without a warrant, a Police rank told him, “We is de Police, and we could search yah house”, and, “We got orders from the bigger ones to search this house.”
The trio contended that their numerous requests to speak with their lawyer, and even to have refreshments, were denied by the Police. They also claimed that the Police behaved in a most disrespectful, uncouth and unprofessional manner, and caused them embarrassment, loss, and damage.
Accordingly, the claimants filed a lawsuit, seeking a declaration that their fundamental rights guaranteed by Articles 139(1), 141 and 142 of the Constitution were violated by the defendants. They also sought damages for wrongful deprivation of liberty; for inhuman and degrading punishment; and aggravated/ exemplary damages in excess of $10M.

Under surveillance
The defendants contended that due to a spree of robberies committed on persons leaving the Bank of Nova Scotia at Robb Street, Georgetown, the area was under surveillance by ranks of the Special Branch Unit.
“Further, when persons are seen acting in a suspicious manner, ranks from the Special Branch will trail the intended person(s)/vehicle(s) at a distance, and relate the information to the Operations Room, which would then relate the information to the closest patrol in the vicinity,” the defendants contended.
The defendants argued that the patrol would then intercept the suspected persons/vehicles and conduct searches on their persons, vehicles and homes. The suspects would then be detained, profiled, interviewed, and possibly placed on an identification parade.
According to the defendants, on January 30, 2018, Storm and the occupants of his vehicle were seen acting in a suspicious manner in the vicinity of the bank. As a result, the defendants said, they were trailed and intercepted at Industrial Site, Ruimveldt.
The defendants therefore admitted that they stopped, searched, arrested and detained the claimants, and took their property into custody for continuing investigations. What they failed to address was the contentions of the claimants: that they were subjected to inhuman and degrading punishment.

Violation
Justice Sewnarine-Beharry found that a mere order from a superior officer to arrest a particular person cannot constitute reasonable ground for such suspicion. In this regard, the Judge found that the defendants had failed to establish reasonable suspicion to justify the detention and arrest of the claimants.
The Judge therefore found that the claimants were unlawfully detained and deprived of their liberty by the defendants. She further found that they were unlawfully and unjustifiably deprived of their property, and were subjected to inhumane and degrading punishment.
“I find that the claimants’ fundamental rights guaranteed under Articles 139(1), 141 and 142 were contravened (by the defendants),” Justice Sewnarine-Beharry underscored.
The Judge noted that as a result of the Police ranks’ actions, Storm, his older son and Medas had lost time, while his five-year-old son “would have been undoubtedly traumatized, seeing the Police arrest his father and brother.”
According to the Judge, the Police ranks took the trio on a “drive of shame”, and the Police driver instructed Detective Watson to drive through the busy areas and pass by Shaquille’s school to ensure that his teachers and classmates saw him.
Further, in order for their fingerprints to be taken, Officers Watson and Semple had instructed the claimants to wash their hands in a drain, as running water was not available.
Justice Beharry noted that when Shaquille threatened to sue, Detective Watson warned him that he would wait outside of his school, and also told him, “Duh is how y’all body does get find and ya murder does be a mystery.”
When upbraided by Medas for speaking to a young boy in that manner, Detective Semple threatened, “If I ever see you down the road, I’m going to bore you up or chop yuh sk4$#t up. “Is cutlass I does roll with. You lucky me int had lil drugs fuh plant in ya house and loss you away in prison fuh life.”
In closing, Justice Sewnarine-Beharry echoed the sentiments expressed by Justice Peter Rajkumar: “The duty of courts in a democracy which subscribes to the recognition, protection, and enforcement of basic standards of treatment of its citizens requires condemnation of high- handed and oppressive actions, behaviour and conduct of the servants or agents of the State, lest they be condoned, encouraged, systematised and perpetuated.”
In this regard, Justice Sewnarine-Beharry awarded $10.5 million in damages to the claimants. This includes exemplary and compensatory damages. Court costs to the claimants were awarded in the sum of $250,000, to be paid by the defendants jointly/severally on or before November 18, 2020.