Man sodomised by police with a baton loses multi-million dollar lawsuit against state

Two lawsuits filed against the State by Colwyn Harding, who was allegedly sodomised while in the custody of the Guyana Police Force, were dismissed by the High Court for want of prosecution.

On Monday, the cases – Colwyn Harding v. T. Thomas (Police Constable 20411) and Devin Singh (Police Constable 19175) and Colwyn Harding v. Attorney General came up for hearing before Justice Navindra Singh, however, they were dismissed for want of prosecution.

On the day of the hearing, Justice Navindra Singh noted though the action was scheduled to commence at 9:00hrs, and Counsel for the Attorney General were present, Counsel for Harding was not present, and had not made any communication to the Court.

The lead Counsel for the Attorney General indicated that her own records showed that the trial was scheduled for 9:15hrs, and in an effort to accommodate Harding’s attorney-at-law, Justice Navindra Singh delayed the commencement of trial until around 9:25hrs.

The Court was subsequently informed that Harding’s Attorney would not be able to attend the hearing until 9:45hrs.

In those circumstances, Counsel for the Attorney General asked the court to order the cases dismissed.

In the case – Colwyn Harding v. T. Thomas (Police Constable 20411) and Devin Singh (Police Constable 19175) – Harding alleged that he was assaulted and battered by the Defendants and thus sustained injuries.

According to the claimant, he was viciously assaulted by several members of the Guyana Police Force on November 15, 2013 by ranks who entered his home. He also claimed that Police Constable Singh 19175 had inserted a foreign object into his anus triggering a need for corrective surgery, and that the said rank repeatedly assaulted him in the Timehri Police Outpost between November 15-18 November, 2013.

The State had denied these claims. Specifically, the State asserted that the medical evidence did not support Harding’s contention of a foreign object being inserted into his anatomy, and that any surgical procedures undertaken were as a result of a medical condition which Harding had developed.

In this action, Harding had asked the Court to grant him in excess of $100,000 for assault and battery between November 15 and 22, 2013 at Timehri.

In the case – Colwyn Harding v. Attorney General – Harding alleged that his fundamental rights were breached as a result of the actions of the Police ranks. As such, he asked for damages in excess of $80M for breach of his fundamental right to protection from torture and or inhuman and degrading treatment as guaranteed by Article 141 of the Constitution of the Cooperative Republic of Guyana.

Further he claimed for damages in excess of $100,000.00 for breach of the plaintiff’s protected fundamental right to protection from inhuman treatment between November 15, 2013 and November 24, 2014.
Additionally, he claimed for damages in excess of $100,000 for breach of his fundamental right to protection against arbitrary search of his person as guaranteed by Article 143 of the Constitution and another $100,000 for breach of his right to protection against torture and other inhuman and degrading treatment or punishment as provided by Article 154A of the Constitution and the Convention against Torture and Other Inhuman or Degrading Treatment or Punishment.

He also filed for damages in excess of $100,000 for breach of his fundamental right to personal.