GBA pickets SOCU as arrested lawyer demands $50M in compensation

…sum “excessive, exorbitant” – AG Nandlall

The Guyana Police Force (GPF) has completed its investigation into last Friday’s arrest of Attorney-at-Law Tamieka Clarke by an officer of the Special Organised Crime Unit (SOCU) for advising her client, who was under probe by the unit, to exercise his constitutional right to remain silent.

On Friday, the GPF stated that the file was sent to the Office of the Director of Public Prosecutions (DPP) for advice. The notice came hours after the Guyana Bar Association (GBA) announced that its members would be protesting that same day, in denouncement of the lawyer’s unjustified arrest, outside SOCU’s Camp Street, Georgetown headquarters. The DPP’s Office is expected to advise on the way forward by the end of the new week.

Protest
At the protest, scores of lawyers dressed in sombre colours, described Clarke’s arrest as an attack in the rule of law. “The rule of law must be obeyed”, “Lawyers should represent without fear” and “SOCU threatens our democracy”, were among the writings on their placards.

Former Speaker of the National Assembly, Dr Barton Scotland, an attorney by profession and former Chief Magistrate, K Juman-Yassin, SC, were among the lawyers supporting Clarke.
Pauline Chase, the President of the GBA, who was on the picket line, told reporters, “This is not a lawyer issue. Yes, you see lawyers out here but this is a wider issue, it is a rule of law issue, it is a fundamental right issue, the right to counsel. The right to remain silent is ingrained, these are none negotiable rights and it affects us all…”
Clarke, who previously served as a State Counsel in DPP’s Chambers, was arrested on October 28 by the SOCU—an arm of the Police Force tasked with investigating organised crimes. She was released the said day after the intervention of Attorney General Anil Nandlall, SC, who has already offered her a profound apology for what he described as an “unfortunate incident”.
After inquiring about the circumstances surrounding counsel’s arrest, Nandlall said that in his capacity as the constitutional legal advisor to the GPF, he instantly advised that she be released.
The attorney, who said that she was arrested and detained for almost an hour for allegedly obstructing an officer in the conduct of his duties, has mulled suing the State for false imprisonment.

Aggressive agenda
In a video statement following Friday’s protest, the Attorney General related that having advised that the lawyer be released, he thought “this was water under the bridge”. With the lawyers, however, picketing SOCU, he noted that an “aggressive agenda” is being pursued and he is not sure to what end.
“I have received, for example, a pre-action letter from a lawyer purporting to act for Ms Clarke. The Police officer in question and the Commissioner of Police received similar letters. All the letters came to me because the Attorney General represents the Police in these types of cases.”
According to Nandlall, Clarke, in that letter, has demanded $50 million as compensation in lieu of a civil suit for false imprisonment and breaches of her constitutional rights. Nandlall is of view that the sum is “exorbitant and excessive” given the circumstances.
He explained, “Now this young lady [Clarke] would not have spent more than 10 minutes under this alleged Police restraint. She was not physically incarcerated in a cell. She was simply requested to move from the lower part of the building to the upper flat. Apparently, her cell phone was taken from her…that period did not exceed more than 10-15 minutes maximum.”
While he is in the process of replying to Clarke’s letter, the Attorney General added that he is aware of pursuits being made across the Caribbean to get statements to condemn the Police’s conduct. “A protest is now unfolding…So one must begin to ask whether it is that [Clarke’s] best interest is being pursued or is there another agenda at play. One would have thought that having engaged the Attorney General and requesting compensation as exorbitant and excessive as that demand is, one would have awaited a response. That did not happen…”
“Protests were being planned even before the letter reached me. It is quite unfortunate that the alleged victim in this unfortunate situation, that her interest seems to become of secondary importance and other factors seem to be dominating the stage in relation to this matter.”
The Senior Counsel disclosed that he will reply to the lawyer’s letter in “due course”, but believes that this matter should be resolved amicably. He maintained that the incident involving the lawyer is “regrettable” “and never should have occurred”.

Condemnation
Shortly after Clarke’s arrest, the GBA issued a statement, noting that the attorney’s detention reflected a disregard for the rule of law and the fundamental right to counsel which are the “hallmarks of a democratic society” and destroys the foundations of democracy.
In “unreservedly and unequivocally” denouncing her arrest, the Bar described it as being “disturbing, perverse, unlawful, oppressive and wholly unacceptable”.
The GBA, thus, called on the acting Police Commissioner, Clifton Hicken, to forthwith apologise to Clarke; compensate her for unlawful imprisonment; launch a full inquiry into the matter with such necessary disciplinary action enforced swiftly including charges being laid against the offending officer(s), there are 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.
In a separate statement, the Guyana Association of Women Lawyers (GAWL), made it clear that at no time should a lawyer be fearful of executing his/her duties. According to the legal 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 Police Commissioner to issue an apology and cause a probe to be promptly conducted into SOCU’s actions.
Among those criticising the Clarke’s arrest is the main parliamentary Opposition APNU/AFC, the Georgetown Chamber of Commerce and Industry (GCCI), the Jamaican Bar Association (JBA), the Commonwealth Lawyers Association (CLA) and the Organisation of Caribbean Commonwealth Bar Associations (OCCBA).

Political interference
Meanwhile shadow Attorney General and APNU/AFC parliamentarian Roysdale Forde, SC, contended that Nandlall advising the release of the lawyer, amounts to political interference in the Police Force. But during his weekly programme – Issues in the News – the Attorney General declared “I reject those accusations and insinuations unreservedly… I never instructed or directed any Police.” He explained that as Attorney General, he is the legal representative of the Police Force as well as many other State organs under different legislations and the Constitution.
Part of his functions, he noted, are to ensure that the Constitution is being upheld and defend alleged violations of the law and Constitution by these agencies; and if unsuccessful, then taxpayers’ dollars will have to be used to pay compensation.
“Part of my responsibility, therefore – professional and fiduciary and constitutional and legal – touch and concern the protection of the public purse against compensation being accorded… Having regard my role, must I stand idly by and allow, without intervention, these transgressions to take place and then have to be called upon to defend them when sometimes the damage is already done and the defence is indefensible, and also wait for the public treasury to fund compensation emanating from these excesses,” Nandlall argued.