LAWYERS PICKET SOCU OFFICE OVER APPARENT SLOW RATE OF INVESTIGATIONS INTO THE CIRCUMSTANCES SURROUNDING THE ARREST OF AN ATTORNEY
In what seemingly is a First, over Fifty Attorneys dressed in their Robes, picketed the Office of the Special Organised Crime Unit SOCU., of the Guyana Police Force, around Midday on Friday, November 4th,2022, to express dissatisfaction with the apparent slow rate of the Investigations, that was launched One Week ago into the circumstances surrounding the Arrest of Attorney-at-Law Ms. Tameika Clarke , after she had advised her Client to remain silent during questioning by SOCU Investigators.
Attorney-at-Law Ms Tameika Clarke at the said time of the Arrest, was in the company of her Client, and was also blocked by Officers from leaving the Room where she was detained.
The Protest resulted after the Criticism of the Arrest, by the Guyana Bar Association which has also ignited support from Bar Associations across the Caribbean, and the Commonwealth.
During the Picketing Exercise in the presence of the Media also, Lawyers hoisted Placards in their Hands that read :
“Lawyers should represent without Fear”, “Respect the Rule of Law” and
“The right to remain silent is not a Crime”.
The Guyana Police Force has also issued a Statement, indicating that it’s Office of Professional Responsibility, already completed it’s Probe, which commenced a Week ago.
President of the Guyana Bar Association, Ms. Pauline Chase, stated to the Media at the Picketing Exercise, that whiles what happened is disgraceful, the Legal Fraternity hopes that the Police Force will use this opportunity to improve Relations with Attorneys. She also said further, that it is One Week after the Incident, and there has been no Positive Movement from the Police. “We issued a Statement on the same Day calling for a Number of Actions to be taken, and we have not seen any positive Movement on that, and so we are forced to come out here, and I think this in itself (the Protest), should send a strong Message, as to how serious we are, and this is not a Lawyer Issue, yes, you see Lawyers out here, but, this is a wider Issue, this is a Rule of Law Issue, it is a fundamental Rights Issue. The Right to Counsel, and the Right to remain silent are ingrained, and are non-negotiable Rights, and it affects us all”, Attorney-at-Law Ms. Pauline Chase said to the Media at the Picketing Exercise.
The Guyana Bar Association had specifically called on the Commissioner of Police to issue an Apology to Ms. Clarke, compensate her, for her unlawful Imprisonment, launch a full Investigation into the Matter, and institute Disciplinary Action, including Termination of any Officers involved in the Matter.
Among some of the other Attorneys who found themselves on the Picket Line in support of their Colleague, during last Friday Midday Protest, were former Speaker of the National Assembly, Attorney Dr. Barton Scotland, and former Chief Magistrate, Senior Counsel Mr. K.A. Juman-Yassin.
Mr. Scotland stated to the Media at the Picketing Exercise that the Arrest of the Attorney represented a serious Breach of the Rule of Law, adding that : “I would hope that at the end of the Day, there is not just a Change, but a marked Change in the Relationship between those who investigate and must prosecute, and those of us who may be called upon to defend those who are accused”.
Former Chief Magistrate and Senior Counsel Mr. K.A Juman-Yassin also stated to the Media at the Picketing Exercise that the Incident has left him in shock, in that all of the 51 Years, he has been practicing in Guyana, he never saw such disregard for the Rule of Law, “it is unbelievable what happened. I really could not believe that a Senior Officer, would wish to place an Attorney-at-law under Arrest. I cannot believe that an Attorney-at-Law, doing her or his work, can be so threatened.It is unbelievable what happened. Over the Years, I have never encountered a Constable threatening an Attorney-at-Law. It is disgraceful, and I want to say that you can imagine, what may go on behind the closed Doors in the Evenings, when an Attorney-at-Law, or no Member of the Public is there. If something like this could happen to an Attorney-at-Law, imagine what could happen behind closed Doors.”
He also said that this Incident highlights the Claims where Perpetrators have long reported being threatened, and beaten by the Police, whiles being interrogated, or in the Lockups.When a Confession Statement is presented in Court, and a Person says, I was beaten, or I was threatened, sometimes Judges and Magistrates tend not to believe, and tend to follow the Police; but if something like this can happen, imagine what else can happen, the Attorney-at-Law stated to the Media at the Picketing Exercise.
Attorney-at-Law Ms. Tamieka Clarke also stated to the Media at the Picketing Exercise, that she is pleased with the support of her Colleagues, but remains concerned about the entire situation.She is also surprised with Statements now trying to indicate that her Client, was not a Suspect in the Matter that was being investigated by SOCU. “I am not satisfied. I expected that by now, the Commissioner of Police would have issued a Statement, acknowledging certain Principles that Counsel has the right to instruct their Client, to remain silent, and it is appalling that the Police that are investigating Matters, would not know what a Suspect is. If you Arrest someone and you have Search Warrants for their Home, you release them, you have them with reporting Conditions, like when to come back, and when to do this, and you are saying that the Person is not a Suspect, so if the Police don’t know what a Suspect is, then where are we, as a Society?”, the former Prosecutor questioned with the Media in attendance. She also said that Legal proceedings against SOCU will be filed sometime on, for Legal Proceedings are important to prevent a recurrence.
The Arrest last Week by the Investigators at SOCU has led to widespread condemnation, where Attorney-at-Law Ms. Emily Dodson also stated to the Media at the Picketing Exercise , that there is the issue of Gender raising it’s Head, since she believes a Male Attorney would not have been treated the way that Ms. Clarke was treated. “I also see this in Gender Eyes too, because I am thinking, would this type of Treatment had been meted out to a Male Lawyer. You going to the Door and stopping the Lawyer from leaving, for me, this is just a culmination of Police Action eating away at your Rights over Time”, Ms. Dodson also told Reporters at the Picketing Exercise.
Attorney and former Police Officer Mr. Dexter Todd also stated to the Media at the Picketing Exercise, that he is surprised the Investigation by the Police has taken more than a Week to be completed. “I think sometimes, we like to waste a lot of Time in Guyana. This Investigation is a very simple One. The Lawyer went into SOCU, the Lawyer advised her Client, and that Advice was disregarded, and further resulted in her Arrest. It’s not very long to investigate that, all they need to know, is who is the Person that passed the Order to Arrest, and who is the arresting Rank”.
Also on the Picket line was Attorney and former Magistrate Mr. Leslie Sobers, who stated to the Media there, that the Arrest is a Travesty, noting that he also believes that there are Mavericks in the Police Force who are branching out from the norm, and doing their own thing.
Attorney General and Minister of Legal Affairs, SC, Mr. Anil Nandlall in a Video Statement following the Protest, declared that the Government of Guyana does not condone the Incident. “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, there is no Policy of our Government, that would ever be subversive to the rule of Law, or the Constitutional Rights of Guyanese.”
Attorney General Mr.Anil Nandlall had intervened when he heard about the Arrest of Ms. Clarke, and directed that she be released. Whiles noting that the Incident was regrettable, and should never have occurred. Mr. Nandlall however, has assured the Nation, that the Matter will be dealt with, and also explained that the Guyana Police Force enjoys a “functional independence”, and his intervention, was a part of his Constitutional Mandate as the State’s Legal Adviser, it is against this ” backdrop “, that the Attorney General stated he has a duty to intervene in Matters, or to ameliorate the Situation, if there has been a Breach of the Law, or a Complaint in respect of it’s Violation. Mr.Nandlall pointed out too that there seems to be an “aggressive Agenda” being pursued by “other Persons.”
