GCCI joins in condemning unjustified arrest of lawyer

Last Friday’s arrest of Attorney-at-Law Tamieka Clarke by the Police over her advising her client to exercise his constitutional right to remain silent, has continued to draw wide condemnation from a wide cross-section of society.
Adding its voice to the issue is the Georgetown Chamber of Commerce and Industry (GCCI) which has made it clear that it condemns all attempts to stifle any citizen’s rights.

Clarke, who previously served as a State Counsel in the Chambers of the Director of Public Prosecutions (DPP), was arrested by the Special Organised Crime Unit (SOCU)—an arm of the Guyana Police Force (GPF) tasked with investigating organised crimes. SOCU’s headquarters is located at Camp Street, Georgetown.
According to the GCCI, it is an organisation that promotes a society governed by law and order. As such, it believes that the actions of SOCU bring the Police Force’s professionalism and objectivity into question and therefore called for the incident to be addressed immediately and with the highest regard.
“We are, therefore, calling on the Commissioner of Police to launch a thorough investigation into the matter. This matter should not be viewed lightly as officers of the court, in the exercise of their professional duties, must do so in a manner that is devoid of intimidation tactics,” the business chamber noted in a press statement.
According to the GCCI, actions of this nature need to be publicly denounced. Based on credible information, the body related that the arrest was initiated because the attorney exercised her professional duty and advised her client to exercise his constitutional right to remain silent during attempts to obtain a statement from him for an ongoing investigation.
It said, too, that it appears that Clarke had been threatened earlier in the week that she would be arrested if her client failed to provide a statement to the Police on the said matter.
At a press conference shortly after her release, Clarke disclosed that she was retained by a client [name withheld], who was detained last week Friday by SOCU for computer-related fraud. She related that on numerous occasions she advised her client to remain silent and against giving a statement to the investigating ranks.
The lawyer was only released 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 the arrest of counsel, Nandlall said that in his capacity as the constitutional legal advisor to Police Force, he immediately advised that she be released. Counsel related that she was arrested and detained for almost an hour for obstructing an officer in the conduct of his duties
Meanwhile, the Bar Association of Guyana was the first to denounce the lawyer’s arrest, pointing out that it reflected a disregard for the rule of law and the fundamental right to counsel which are the “hallmarks of a democratic society”. It added that Clarke’s arrest sought to destroy 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, 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.
In a separate statement, the Guyana Association of Women Lawyers (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 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 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 probed by its Office of Professional Responsibility (OPR). Clarke has mulled suing the State for false imprisonment.A