Patterson takes Govt to court over being accidently blacklisted by Police

Opposition MP David Patterson

Opposition Member of Parliament David Patterson, a Minister in the former APNU/AFC Government, has sued the current Government of Guyana for violating his constitutional right to freedom of movement.
Through his lawyer Nigel Hughes, Patterson (applicant) on Tuesday filed with the Demerara High Court a State of Claim (SoC) in which he has named Attorney General and Legal Affairs Minister Anil Nandlall, SC, as the sole respondent, and he is requesting for the breach damages exceeding $100,000.
Hughes had, on October 10, sent a letter to the Attorney General, seeking $25 million as compensation for his client. In that letter, Hughes had told Nandlall that failure to respond within five days of receipt would lead to the filing of constitutional proceedings.
After clearing immigration and customs at the Cheddi Jagan International Airport (CJIA) on September 26, Patterson was prevented from boarding an aircraft to go to Washington, DC, to attend a meeting with the US Black Congressional Caucus. The Guyana Police Force (GPF) had apologized to Patterson after that incident, and had explained that his name had been accidentally added to this nation’s no-fly list after he had been charged for indecent exposure.

Attorney General and Legal Affairs Minister, Anil Nandlall, SC

Patterson had been charged and placed before the courts for a series of offences, including exposure of his genitals, using obscene language, and provoking a breach of the peace, after he had allegedly been caught urinating in public in Seaforth Street, Section A, Campbellville, Georgetown on July 16. He had been placed on $70,000 bail during his arraignment.
Patterson has deposed in his lawsuit that, during his arraignment on the charges, the magistrate had given him permission to enter and exit Guyana while the charges are pending. He has said that
even after his attorney had warned the immigration officer that denying him permission to leave the country would violate his fundamental rights as stated in Article 148 of the Constitution, he had still been barred from boarding the aircraft.
“The applicant was unable to attend and deliver the presentation to the Congressional Caucus at Capitol Hill in his capacity as a member of the National Assembly on matters of concern to the citizens of Guyana. The applicant was forced to incur the expense of returning to Georgetown, paying a penalty for lost travel and accommodation expenses,” the lawsuit stated.
As per the Statement of Claim, the Chief Immigration Officer has acknowledged that there was no legitimate reason to stop the applicant from leaving Guyana.
Patterson has said that he experienced loss, shame, and embarrassment as a result of the occurrence. In addition to damages, he is asking the High Court to award him costs and any other orders the court deems just.
Patterson’s case will come up for hearing before Chief Justice (ag) Roxane George, SC, on February 1, 2024.
The Police Force (GPF) had promised to conduct a “full probe” as to why Patterson’s name had not been earlier removed from the list, and had said that the GPF has Standard Operating Procedures to deal with such issues.
The Alliance For Change (AFC), of which Patterson is an Executive member, had issued a statement in which it condemned the blockage of the politician from flying.