Christopher Jones – the former Director of Sports under A Partnership for National Unity + Alliance For Change (APNU+AFC) – has sued the State for damages caused as a result of the violation of his rights and invasion of his home but the Attorney General, Anil Nandlall has asked the High Court to dismiss the lawsuit.
Notwithstanding a High Court injunction, ranks of the Guyana Police Force, in August, arrested Jones after invading his Tucville, Georgetown home. The Police had also removed a number of equipment purchased for Jones for the establishment of a Barbershop. He had secured the equipment through a Ministry of Social Services grant. Now, the APNU+AFC Member is suing the State for damages amounting to more than $300,000, but more importantly, he wants the Court to order a return of the items valued $4.9M.
But the Attorney General, through the State Solicitor Prithima Kissoon, asked the High Court to dismiss the lawsuit. The lawsuit was filed against Nigel Hoppie, in his capacity as Acting Commissioner of Police; Senior Superintendent, Wendell Blanhum; Inspector Rodwell Sarabo; Assistant Superintendent Singh, Corporal Singh and the Attorney General but Kissoon told the Court that all of the defendants have denied the allegations levied against them.
According to the State Solicitor, no Order of Court was served on the defendants in accordance with the law on August 20, 2020. Kissoon confirmed that Assistant Superintendent Singh and a number of other ranks had made their way into Jones’ house after jumping over his fence.
“The fourth named defendant along with other ranks entered the claimant’s yard by jumping a concrete fence. The fourth named defendant proceeded to a western door at the bottom flat of the claimant’s home. The door was not secure and the fourth named defendant along with other ranks entered the premises and met the claimant in the presence of a female, whom he later learnt to be the wife of the claimant,” the State Solicitor detailed.
It was then that the search was conducted for “state properties” such as barber chairs, air conditioning units, and mirrors, and the items were removed from the premises upon being found by the police. Jones was also taken into custody and subsequently placed on $100,000 bail.
The State Solicitor contended that police officers have the power to arrest without warrant, anyone whom they suspect, with reasonable cause, is about to commit an offence or whom they suspect has already committed an offence.
“…the offence need not actually have been committed to legitimize the arrest without warrant by a police office,” the Solicitor General said while arguing that Jones is not entitled to any damages at law or at all. The claim, she submitted, should be dismissed for being frivolous and vexatious.
