The state opted to make a $1.5 million payout to Junior Thornton, whose hands were badly burnt while in police custody, for the violation of his constitutional rights, instead of having the case decided by a judge but to date he has not received a cent.
Attorney General Anil Nandlall on behalf of the state put a sum of $1.5 million to Thornton’s lawyer Dexter Todd and it was accepted. The court ordered that the settlement was to be paid over to the 20-year-old by December 15 last year. More than a month later, a still terrified Thornton is yet to be paid or told when the money would be available.
During a recent interview, the young man who still suffers from nightmares and physical pain as a result of the injuries urged those in authority to be forthcoming with the payment as he is being inconvenienced. Stabroek News has been unable to ascertain from Nandlall the reason for the hold up.
The burning has left Thornton’s hands badly scarred, though he hopes that one day they will look normal again.
Back in May the then 19-year-old was walking his dogs in his neighbourhood (Eastville Housing Scheme, Annandale, East Coast Demerara) when he was approached by police officers. He said that the officers accused him of wandering and asked him to get into the police pick-up.
However, he said he refused and he was grabbed and thrown into the tray of the vehicle.
Later that same day, his hands were burnt and following the burning, he said, he was thrown back into the lockups and denied food. He was kept in custody for three days before being taken to the hospital for medical attention.
Constable Earwin Forrester and Inspector Dexter Thornton have since been charged and are awaiting a trial date. Forrester is facing a charge of inflicting grievous bodily harm and Insp Thornton is accused of attempting to pervert the course of justice.
Because of the removal of Magistrate Alex Moore from the Sparendaam Magistrate’s Court, the new magistrate will now have to set a date for the matter to begin. The next hearing is scheduled for next Friday.
Todd who has been representing Thornton since his story went public explained that there is nothing barring someone from filing civil proceedings while the criminal aspect of a matter is engaging the attention of the court. He stressed that the laws of Guyana make such provisions.
He said the criminal matter is still very much alive, even though one of the two civil High Court actions he had filed has reached a conclusion.
The attorney explained that the first matter was a constitutional action in which the court was asked to make certain declarations as it relates to his client’s constitutional rights being infringed upon and the inhumane treatment he would have suffered.
He said that the court had about two hearings of that matter. The Attorney General who was representing the defendant–the state—after receiving the statements and the evidence, indicated that it would make little sense to defend the constitutional matter. “Really and truly with the physical injuries that Junior has and without a plausible and justifiable explanation from the police…they felt that it would not make sense to defend the matter,” the attorney said adding that what the AG did was to settle the constitutional matter brought against the state. He said that in asking the court for declarations, he also asked that his client be compensated. He noted that their main aim in this particular action was not the compensation but for the state to recognize that his client’s rights as a citizen of Guyana were infringed on and that the police breached his constitutional rights.
Todd told Stabroek News that the second matter filed centered on personal injuries and the defendants were listed as Forrester (one of the ranks charged) and the Commissioner of Police who would be his immediate boss. He said it was up to the court to decide whether to hear the matter jointly or separate the two defendants. He said statements for this matter are currently being filed after which a date will be assigned. In this particular action, Todd said that he is asking the court for in excess of $3 million in compensation.
He said none of the civil actions filed affects the criminal matter before the court. He made it clear that he has not settled a criminal matter on behalf of his client. “The state has compensated us for the constitutional breaches. The state has not said that we will settle this matter once and for all ….and we have not signed an agreement or agreed with the state that we will drop all the other actions…if we settle the constitutional action,” he said.
For Todd, the delay in making a payout to his client is cause for concern for which there are certain courses of action he can take. He said that he is in contact with the AG’s office as it regards the delayed payment. “They have indicated to me that they have done their part in terms of presenting the order (court order) in writing maybe to the Ministry of Finance,” he said.
Addressing queries on the suspension of Parlia-ment and the fact that it could mean the money will not be available until another few months, Todd said that while the delay will be an inconvenience for his client, “I will hope that that is not the reality and even if the Parliament takes another three, four months to put themselves back in action, my client still has to be compensated. That is an order of the court and I believe that the government will honour the order of the court.”
He expressed hope that his client will get his money soon. “I believe irrespective of what is the political situation that faces us and affects a functioning Parliament, it cannot and will not affect the order of the court,” he stressed.
The attorney added that if the order of the court was not honoured then there are “other remedies…that we can move back to the court to have the order enforced.”
Meanwhile Thornton told Stabroek News that the delay is causing him great inconvenience. He said he believed the state could have paid him already and the delay was just deliberate.
The young man said that the state should try to honour its end of the bargain as soon as possible. He stressed that in delaying payment, the state is abusing the rights of citizens
`Horror movie’
The young man made it clear that $1.5 million was a small amount of money particularly in comparison with the injuries he sustain and the effects he is still feeling so many months later.
“I have a lot of memories of the past…my hands were very grievously burnt by a police officer …I am living with memories of a horror movie,” he said.
According to Thornton, his hands, particularly the left, are sometimes stiff and he sometimes finds it difficult to make a fist. While noting that his hands are “not normal”, he said that it is very disturbing to him to know that his hands have been left in such a state. He stressed on how bad a state they were and as he spoke to this newspaper he continuously glanced at them.
He said that when he looks at his hands he is not ashamed but his mind is instantly flooded with memories of that horrid day. “Every time I look at [my hands] I remember the point and time when my hands were burnt and it is not a pleasant memory at all,” he said.
The young man said that his injuries sometimes affect his work-related functions. He said he gets pain “on and off.”
Asked if there has been any indication from doctors whether his injuries can completely heal, he said he hopes there will be healing beyond how his hands are at the moment. “I hope this is not it. I want to have my normal hands…as though nothing ever happened to it,” he said
For Thornton, the memories will always be there. “I know people can get over anything but I can’t get over this now. It is just repeating itself in my mind.”
