State to pay Kuru Kururu DJ $8M for wrongful imprisonment

A 22-year-old Disc Jockey (DJ) from Kuru Kururu, Linden/Soesdyke Highway, has been awarded GY$8 million in damages after the High Court ruled that he was unlawfully arrested, wrongfully imprisoned for 80 days, and subjected to malicious prosecution by members of the Guyana Police Force.

The decision was recently handed down by Madam Justice Sherdel Issacs-Marcus following civil proceedings brought by Terrence Sandy against the state.

According to the evidence presented, Sandy was arrested on June 10, 2023, while walking home in his village. He was picked up by police officers in a patrol vehicle and taken to the Timehri Police Station, after which he was transferred to the Madawini Police Station, where he was held without explanation or a recorded statement being taken.

He was later charged with breaking-and-entering and larceny, and brought before the Diamond Magistrates’ Court, where he was unrepresented and subsequently remanded on June 13, 2023. Sandy was then incarcerated at the Lusignan penitentiary.

Court documents revealed that after legal representation was secured by his family, disclosure materials received on July 7, 2023, showed no evidence linking Sandy to the offence. There was no identification, no witness statement naming him, and no indication that any complainant had implicated him in the alleged robbery.

His attorneys later wrote Director of Public Prosecutions (DPP) on July 18, 2023, requesting a review of the case and withdrawal of the charges.

During a court hearing on July 27, 2023, it was disclosed that the case file had not been submitted to the DPP for legal advice prior to the laying of charges. Sandy was eventually granted bail on August 28, 2023, in the sum of GY$150,000 with reporting conditions.

On September 26, 2023, the DPP advised that the matter should be withdrawn, and the charges were formally dismissed on October 5, 2023, at the Diamond Magistrate’s Court.
However, Sandy’s legal team, led by Dexter Todd and Associates, subsequently filed constitutional proceedings alleging unlawful arrest, false imprisonment, inhumane treatment, and malicious prosecution.

In its ruling, the High Court found that Sandy’s constitutional rights had been breached, specifically citing violations of Articles 139(1) and 141 of the Constitution, which protect personal liberty and prohibit inhuman and degrading treatment.

The court issued several declarations in Sandy’s favour, including findings that his arrest and detention were unlawful, that he was subjected to degrading treatment while in custody, and that he was maliciously prosecuted without proper legal guidance or procedural compliance.

Justice Issacs-Marcus also awarded damages totalling GY$8 million, broken down as follows: GY$3 million for unlawful arrest and detention, GY$2 million for inhuman treatment, GY$2 million in exemplary damages, and GY$600,000 in special damages for loss of income, along with GY$400,000 in costs.

Interest was also ordered at six per cent per annum until judgement and four per cent thereafter until payment.