Bar Association flags systemic abuse of power by police

Nov 06, 2022 News

…says Force continue to show disregard for rule of law

Kaieteur News – The Bar Association of Guyana has expressed its disappointment at the comments made by the Attorney General (AG), Anil Nandlall, SC, in relation to the picketing exercise to show solidarity with Attorney-at-Law, Tameika Clarke, who was detained by SOCU for advising her client to remain silent during the course of a criminal investigation conducted by the Unit.

Attorney General (AG), Anil Nandlall, SC

On Friday at noon, scores of lawyers draped in their robes and holding placards protested SOCU’s Headquarters on Camp Street, Georgetown over Clarke’s arrest. Clarke said that that she is dissatisfied with the progress of the investigation into the incident.

President of the Bar Association, Pauline Chase had described Clarke’s detention as “disgraceful”.

“It has been a week and we have not had any positive movement and we issued a statement on the same day calling for a number of actions to be taken and we have seen no movement there…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,” the Bar Association President stated.

To add insult to injury, the Bar Association, in a follow up statement noted its disappointment in the comments emanating from the Attorney General.

According to the Bar Association, Nandlall demonstrates a lack of awareness of the endemic and systemic abuse of power, disrespect and disregard for the fundamentals of the Rule of Law displayed by members of the Guyana Police Force, in their interaction with members of the public and the legal profession.

Nandlall had expressed in a statement that thought that this matter was “… water under the bridge. But obviously, there is an aggressive agenda being pursued. And I am not sure to what end.”

The Bar Association said, “It might just be that as Attorney-General, many of these police practices and actions must have been hidden from him, as opposed to the Bar Association having a hidden agenda”.

“As more and more of these practices not only towards members of the Bar, but to the general public come to light, we trust that the veil which separates the actions of the organs of the state from the advisors of the state is pierced and eventually lifted.”

The Bar Association said, “The Attorney General in improperly ascribing a “hidden agenda” in the protest of the Bar Association, seeks to conflate the separate issues of the private action being pursued by Ms. Clarke and the wider issue of the Bar Association of the break-down in the Rule of Law through the actions and attitude of the Guyana Police Force towards Attorneys-at-Law and the public at large.”

The statement continued that the arrest of an Attorney-at-Law in Guyana in the execution of her professional duties is unprecedented and a frightening development, which has received widespread concern and condemnation locally, regionally and internationally.

“In the circumstances, we wholly reject any allegation or insinuation that the Bar Association has any agenda other than the upholding of the Rule of Law as our constitution mandates us to do. It is not ‘water under the bridge’ unless and until the appropriate remedial action is taken,” the Association added.

The Guyana Bar Association had called on the Police Commissioner to issue an apology to Clarke, compensate her for unlawful detention and launch a full investigation into the matter.

The Attorney General in the video statement released just after the protest said the Government of Guyana does not condone what happened to Clarke.

“Our Government is committed to the rule of law, we are committed to obedience of the Constitution, we are committed to ensure that the rights and freedom of our people are respected and the laws of this land are upheld,” he said, noting that the Government has no policy to be subversive to the rule of law or the Constitution of Guyana. Nandlall said he intervened and advised the SOCU officers to release Clarke after which he offered her an apology for the regrettable incident.

“…Fortunately my advice was accepted, so I thought that this was water under the bridge. I received, a letter for a pre action from a lawyer purporting to act for Ms. Clarke. The Police Officer and Police Commissioner received similar letters,” Nandlall disclosed noting that Clarke is demanding compensation to the tune of $50M.