Latest update April 18th, 2024 12:59 AM
Sep 30, 2021 News
Kaieteur News – A Jamaican woman who sued the State for unlawful detention and imprisonment has secured a $3.1 million judgment in the High Court.
Chief Justice (ag) Roxane George-Wiltshire ruled yesterday that Sandra Russell, a Jamaican national, was unlawfully detained and deprived of her freedom of movement after she was held in custody for an additional five months after serving her three and a half months sentence for trafficking marijuana.
Russell had originally filed the claim for $70 million in damages but Justice George-Wiltshire awarded her compensation to the tune of $2.5 million for false imprisonment.
The Jamaican woman was awarded an additional $600,000 for being subjected to inhumane and degrading treatment at the East La Penitence Police Station bringing her total judgment to $3.1 million. In addition, the Attorney General, who listed as respondent in the matter, was ordered to pay her $250,000 in costs.
The Chief Justice also ordered that Russell be deported to her home country at her own cost—it was ordered that the cost for sending her back to Jamaica be deducted from her award for damages.
In her lawsuit, Russell, 54, contended that she is a citizen of Jamaica who resided locally at Pouderoyen Squatting Area, Pouderoyen Village, West Bank Demerara.
She claimed that her fundamental rights as guaranteed under Articles 139, 141 and 148 of the Constitution were breached, encroached and infringed by the Guyana Police Force and Immigration Officers.
The woman had arrived in Guyana on May 13, 2013 but on June 25, 2018, she was held by police at Omai landing in the Essequibo River with 70 grams of marijuana for the purpose of trafficking.
Russell in an affidavit in support of her claim said, “I was taken to the New Amsterdam Prison to serve my sentence. I had a reduction of sentence to three and a half months in prison. I was released from prison on the 10th November, 2018.”
The woman said that she was released into the custody of a female Immigration Officer, who informed her that she had to be taken to the Immigration Office to be processed for deportation to Jamaica.
According to Russell, while travelling to the Immigration Office, the Immigration Officer received a phone call and later informed her that she would be taken to the East La Penitence Police Station instead. The woman said that she spent five month languishing in the East La Penitence lockup before she was released on July 7, 2019 on $10, 000 bail, only after the intervention of Kaieteur News.
Russell swore in the Affidavit that, “Whilst I was at the East La Penitence Police Station, I was informed by a female officer and verily believe that a Kaieteur News reporter came to the police station to interview me and they sent the reporter away.”
She said that while in custody, she was never taken before a Judge or Magistrate.
Russell pointed out that the conditions at the East La Penitence Police Station were poor. She disclosed that she was without proper and adequate meals and supplements and as a result had to be taken to the East La Penitence Heath Centre for medications.
She had further complained that, “While at the East La Penitence Police Station, I became depressed and stressed. At the East La Penitence Station, the lighting and ventilation were very poor and I spent all the time in the cell and had no leisure or physical activities.”
In all the circumstances, the Jamaican national held that the police had no legal authority to keep her in custody after 72 hours, without charging her or seeking an extension of time from the courts.
In her lawsuit filed against the Attorney General, Commissioner of Police and Chief Immigration Officer, Russell had claimed in excess of $50M for false imprisonment; a declaration that she suffered inhuman, degrading treatment by the State; a declaration that the Guyana Police Force and Immigration Officers of the State had no legal authority to further imprison her beyond her prison sentence; a declaration that the Guyana Police Force and Immigration falsely imprisoned her.
In addition, she also wanted, $10M per day for everyday she spent in unlawful custody, in excess of $20M for inhumane and degrading treatment, and in excess of $20M for the breach of her freedom of movement.
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