Unlawful arrest, detention: Court awards Berbice woman $2.2M in damages

An East Canje, Berbice woman who sued the Guyana Police Force (GPF) for unlawful arrest and imprisonment has been awarded $2,250,000 in damages, her lawyers said on Thursday.
The judgement from Chief Justice (ag) Roxane George, SC, was delivered on Wednesday and was vindication for Rehanna Reginald, who had deposed that she was unlawfully arrested and detained in an inhumane cell with human faeces and urine.
Through the law firm, Dexter Todd and Associates, Reginald sued the State seeking a declaration that her fundamental rights guaranteed under Articles 139 (1) and 141 of the Constitution were violated by the State and its agents by imposing cruel and inhumane treatment, and false imprisonment and wrongful deprivation of liberty from November 7 to 11, 2020.
She also sought compensation from the State for those breaches of her rights.
According to her lawyers, she was unlawfully arrested by members of the GPF’s Criminal Investigation Department (CID) on November 7, 2020, and kept in custody until November 11, 2020, and was detained in both the New Amsterdam and Sisters Police Stations.
While there, they said she was subjected to cruel and inhumane treatment and was also deprived of her rights to speak with her family or even her attorneys-at-law.
At trial, the court heard from Reginald how she was deprived of her right to an attorney and she was not told the reason for her arrest. She explained that she was forced to stay in a cell with human faeces and urine on the floor since the toilet in the cell was not operational.
She explained, too, how she was forced to sleep on the concrete floor filled with filth, insects, human faeces and urine accompanied by a strong stench while on her menstrual cycle.
As a consequence of the Police’s unlawful actions, Reginald had contended that she suffered humiliation, distress, and embarrassment and was left emotionally and mentally traumatised.
In January 2022, the Chief Justice had ruled that the woman was indeed unlawfully arrested and detained by the Police Force and the matter had proceeded to trial for a ruling on compensation.
In her ruling on damages (compensation), the Chief Justice awarded $1.6M for the breaches of her fundamental rights guaranteed under Articles 139 (1) and 141 of the Constitution by the imposition of cruel and inhuman treatment, false imprisonment and wrongful deprivation of liberty, $50,000 for the breach of her rights under Article 149 of the Constitution which guarantees protection from discrimination and an additional $350,000 as vindicatory damages since the Police had no reason to arrest her. Reginald was awarded $250,000 in costs.