In what seems to be yet another attempt at preventing three policemen from facing the courts, Guyana’s Director of Public Prosecutions Shalimar Ali-Hack, has sought discontinuance of the two criminal charges proffered by attorney-at-law Tameika Clarke against the three SOCU Police officers who arrested her, describing the action as “an abuse of process.”
In a letter to Georgetown Magistrate Annette Singh, the DPP said “In exercise of the powers conferred on me by article 187 (1) (c) of the Constitution of the Co-operative Republic of Guyana, I hereby discontinue the Charges in the above matters.”
Ali-Hack was referencing the case: Tamieka Clarke vs. Superintendent Krishnadat Ramana, Sergeant# 19001 Navranda Persaud, and Sergeant # 17599 Vinston Singh, for the offences of Wrongful restraint pursuant of the Kidnapping Act. Cap 10:05 and Wrongful confinement under section 8 of the Kidnapping Act, Cap 10:05.
The policemen were served on Monday, after they were apparently advised by the police commissioner to accept the service in relation to the private criminal charges against them.
Its understood that they avoided service of the summons by hiding from the Bailiff, often in the offices of the Police Force’s Special Organised Crime Unit (SOCU).
In her letter to the Magistrate stating the reasons for the discontinuance of the two charges, the DPP noted that having read Tamieka Clarke’s statement, “I have considered it and found that the issues of Wrongful Arrest and False Imprisonment arise” which were “ issues of Tort and Constitutional breaches which are civil actions”.
“All issues which are included in the allegations will be addressed in the civil action.” she said.
According to the DPP, The charges brought against the policemen “are in relation to acts done in the course of their duties, hence they are “protected by virtue of section 14 of the Justice Protection Act Chapter 5:07.”
Further having been charged under the Kidnapping Act Chapter 10:05, “the intent and purpose of Parliament in the Kidnapping Act Chapter 10:05 is to provide for the punishment for the offences of abduction, wrongful restraint and confinement for ransom and other related offences and for matters incidental thereto,” Ali-Hack claimed.
“It is my considered opinion that the facts alleged by Tamika Clarke at their highest, do not fall within the scope, purport and intendment of the Kidnapping Act; therefore, the charges filed under this Act is an abuse of process,” Ali-Hack declared.
Attorney Nigel Hughes who is representing MsClarke said they will be challenging the withdrawal, as the DPP has to exercise her discretion consistent with the law. (WiredJA)
