A security guard attached to Opposition Leader Azruddin Mohamed has mounted a constitutional challenge against the Guyana Police Force, asking the High Court to order his immediate release after allegedly being held beyond the period permitted by law without being charged.
The habeas corpus application, first reported by journalist Travis Chase, was filed on Saturday by Mark Richmond, who contends that his continued detention in connection with the reopened investigation into the 2021 murder of Ricardo Fagundes, known as “Paper Shorts,” is unlawful and unconstitutional.
Richmond is asking the High Court to compel the Commissioner of Police to produce him before a judge to determine whether there is any lawful basis for his continued detention.
The application comes amid renewed police efforts to solve the March 21, 2021 execution-style killing of Fagundes outside the Palm Court nightclub in Georgetown, one of Guyana’s most high-profile unsolved murders.
According to court documents, police ranks went to Richmond’s Bent Street, Werk-en-Rust home on July 7 seeking to question him about the case. Although he was not at home, the filing states that he contacted investigators by telephone and informed them that he would surrender in the presence of his attorney.
The following day, Richmond, accompanied by attorney Damien Da Silva, reported to the Criminal Investigations Department Headquarters at Eve Leary, where he was immediately taken into custody.
His legal team argues that Richmond has cooperated fully with investigators from the outset and has not been charged with any criminal offence.
The application contends that police have nevertheless continued to detain him in violation of Article 139(4) of the Constitution, which requires that a person arrested or detained on suspicion of committing a criminal offence be brought before a court within 72 hours unless the law provides otherwise.
According to the filing, that constitutional deadline expired at approximately 1:00 p.m. on Saturday. Despite that, Richmond remained in police custody.
His attorneys further argue that police have neither laid charges against him nor obtained a court order authorising any extension of his detention, rendering his continued custody unlawful.
The application also alleges that Richmond has been shuttled between the Criminal Investigations Department Headquarters and the Kitty Police Station, where he has been subjected to repeated rounds of questioning, sometimes in the absence of his attorney.
His lawyer argued that if investigators wish to continue examining Richmond’s possible involvement in the Fagundes murder, they are free to do so without depriving him of his liberty, pointing out that he voluntarily surrendered to police and has cooperated throughout the investigation.
Through the habeas corpus application, Richmond is seeking an order directing the Commissioner of Police to immediately produce him before the High Court so that the legality of his detention can be determined. He is also seeking costs and any additional relief the Court considers just.
The Guyana Police Force has not publicly commented on the application.
The court challenge places renewed scrutiny on police detention practices and the constitutional safeguards governing the rights of persons held for questioning. A ruling in Richmond’s favour could raise broader questions about the exercise of police powers during major criminal investigations, particularly where suspects are detained without charge beyond the constitutionally prescribed period.
Mohamed has publicly linked Richmond’s detention to what he says is an ongoing effort by the Government to target him politically. He contends that the move comes following his exposure of President Irfaan Ali’s multi-billion-dollar far on the Soesdyke-Linden Highway . The Government has not publicly responded to Mohamed’s allegation or indicated that the investigation is connected to his political activities.
The matter is expected to be heard before the High Court.
