Suing the state for compensation and filing civil charges against the policemen involved in last year’s Linden shooting are options for the families of those who were fatally shot as well as those who were wounded during the protest in the mining town last year.
These issues are expected to be discussed when a number of legal minds meet with the families of those killed in the July 18, 2012 shooting and those injured on that day and two other incidents afterwards to discuss the way forward as they seek justice, Region 10 Chairman Sharma Solomon disclosed yesterday. The compensation package as awarded by the commissioners in the recently concluded Linden Commission of Inquiry (COI) is also up for discussion, he said.
Asked whether the option of suing the state is on the table since the COI report indicated that the police were responsible for the death of the men, Solomon said that it is indeed an option but added that he does not want to pre-empt the advice of the legal experts. However, he said that the relatives of the men and those who were injured on July 18, during a meeting last Friday, all indicated dissatisfaction with the compensation recommended in the report.
“We have contacted a number of legal minds who have said they need time to study the report before advising on the way forward,” Solomon told Stabroek News adding that it is hoped that some of those persons will be in Linden this week to meet with the affected persons.
He said filing charges against members of the police force is also not ruled out.
Meantime, attorney-at-law Nigel Hughes, who during the inquiry had represented the interests of the relatives of the dead, when contacted by Stabroek News, declined to say whether a decision has been made to sue the state since he has not met all the relatives and would not want to advise them via the media.
Sections of society including Solomon, APNU and the AFC, have expressed dissatisfaction with the amounts offered to the relatives of the deceased even as the government through Attorney-General Anil Nandlall said that it reserves the right to go to the courts to get the organizers of the protest to assist in the payment of the compensation as the COI held them responsible.
Yesterday, Solomon declined to respond to Nandlall’s statement, saying that seeking justice for the relatives of the dead and those injured is his priority.
The commissioners analyzed the contributions in terms of earnings made to their families by the three deceased men and recommended a total of $8M to the families, with $3 million awarded to Bouyea’s estate, $3 million to Lewis’ estate and $2 million to Somerset’s estate. Compensation was also awarded to persons whose properties were destroyed during the protest and some of those who were injured.
Solomon related that at Friday’s meeting, relatives of the dead except for those of Somerset-whose mother is in Suriname-were present along with those injured on July 18, August 12 and 14. He said the meeting was a follow-up to one they had on Monday and they discussed and outlined their collective position. He said the families of the dead were clear in their decision to first pursue justice before compensation and Lewis’ mother said she would like the police shooter who killed her son to stand before her to answer as to why he took his life.
“They want to know who are the perpetrators and who were the ones that instructed, in pursuit of criminal charges as the report would have confirmed that it was the police who killed them,” Solomon said.
They also agreed to await the advice of legal practitioners before deciding on the way forward on the issue of compensation and all agreed that what has been offered is “woefully inadequate.” Also present at the meeting were other stakeholders who are interested in pursuing justice for the affected persons. “We will appropriately respond to [the issue of suing the state] but we would like to have inputs first from legal people who would have carefully studied…” the regional chairman said.
He disclosed that during the meeting they also discussed plans for a commemoration service to be held on July 18. Solomon said they have since placed advertisements on the television and in the print media seeking applications from persons who are interested in designing a monument in memory of the dead and those injured. Some persons have already expressed interest but Solomon said they are awaiting more applications and when a selection is done, they would decide on a spot.
On Friday, APNU said that it did not feel justice was done by the COI and said that it will push for the establishment of an assessment board to review the monetary awards recommended for the family of persons killed and for those injured after the confrontation between protestors and police.
In the report on its findings and recommendations, which was handed over to President Donald Ramotar two weeks ago, the COI found the police responsible for the deaths of the three persons. It also said that the discharge of ammunition was justified as the police were confronted by a hostile crowd and noted that there was no clear intention to kill or injure anyone.
Part of its mandate included making recommendations for compensation where necessary for injury, loss or damage as a consequence of the events of July 18, 2012, but the sums recommended for the families of the dead and some of the injured have been criticised as inadequate.
