Justice Gino Persaud last Friday ordered that three Mahaicony residents be compensated a total of almost $8 million for their unlawful arrest and the impoundment of a vehicle by the Guyana Police Force.
Raywattie Harrychand and her mother-in-law, Phulbasia Kallu were awarded a total of $4,900,000, while in a separate lawsuit, Harrychand’s husband, Tularam Ramassar, was awarded a total of $2,820,000 for his unlawful arrest and the impoundment of his vehicle.
In addition to the sums, the court awarded the claimants costs in the amount of $150,000 each.
The judge also ordered that they be paid interest on all sums at a rate of 6% from the date of the filing of the proceedings to the date of the judgment, and 4% from the date of judgment until the sum is paid.
Both decisions were handed down last Friday by Justice Persaud.
The cases were filed against police officers Mark Abraham and Quacy Abraham, the Commissioner of Police and the Attorney General (AG).
The claimants were represented by attorneys Anil Nandlall, Manoj Narayan, Sasha Mahadeo-Narayan, Rajendra Jaigobin and Anuradha Deodasingh.
The trio’s case was that on March 20th, 2017, at approximately 11 am, Mark Abraham and another member of the Guyana Police Force visited Harrychand at her Lot 1 Bellamy Canal, Good Faith, Mahaicony home and instructed her to visit the Mahaicony Police Station.
Upon her arrival there, Harrychand was asked by Mark Abraham whether she knew a woman, who was present. Harrychand responded in the affirmative, while indicating that she knew the woman as they had previously worked together at Kuree Supermarket and General Store.
Mark Abraham then allegedly suggested to Harrychand that the woman gave her $12 million, which she stole from Kuree Supermarket and General Store.
Harrychand denied the allegation, while stating that she knew nothing about the money or any theft.
Mark Abraham then allegedly ordered Harrychand to sit on a bench at the Mahaicony Police Station.
Later the same day, Harrychand was informed by Mark Abraham that she would have to be transported to the Beterverwagting Police Station. She then enquired the reasons and was told that she should not ask any questions.
Harrychand was transported to the Beterverwagting Police Station, where she was placed in a cell.
The following day, Harrychand was taken back to the Mahaicony Police Station, where she was questioned.
Mark Abraham allegedly told her that the woman had related to him that she gave the stolen money to her and she then gave it to Ramassar.
Harrychand denied the allegation and informed Abraham that her husband was gainfully employed as an auto-electrician.
Household appliances
Harrychand was further questioned about the means under which she was able to purchase household appliances and she responded that Kallu, who is her mother-in-law, assisted her.
Later the same day, Kallu journeyed to the Mahaicony Police Station after her husband informed her that she was wanted for questioning.
During questioning, Kallu confirmed that she assisted Harrychand and Ramassar to purchase furniture and a car.
Kallu subsequently denied claims by Mark Abraham that Harrychand and Ramassar provided the money to purchase the items and was sent to the lock-up.
Ramassar’s vehicle, a Toyota Runx, was impounded when he visited the Mahaicony Police station on March 21st, 2017 in order to deliver food for Harrychand. He was ordered to remove his belongings from the vehicle and a search was conducted but it did not unearth any illegal items.
Upon enquiring about the reason for the impoundment of the vehicle, police officer Quacy Abraham allegedly informed Ramassar that the vehicle was the property of Kuree and that it would rot at the Mahaicony Police Station.
Quacy Abraham then questioned Ramassar about the means by which he acquired the vehicle. He then explained that he acquired the vehicle with the assistance of his parents.
After he denied knowledge of any illegality, Ramassar was again ordered to go and sit on a bench at the Mahaicony Police Station.
Ramassar enquired from Quacy Abraham as to the reason for his detention and was told that he had no right to ask any questions. Shortly after, he was placed in a cell at the station.
Two days later, Quacy Abraham allegedly removed Ramassar from the cell and questioned him about the acquisition of a music set in the said vehicle, which the man said he purchased from a cousin.
Goats
Quacy Abraham also accused Ramassar of owing $300,000 worth of goats and threatened to seize and detain the animals and every item owned by him in his home.
He also demanded Ramassar produce a certificate of registration for the vehicle, failing which he would enter Ramassar’s home and conduct a search.
Ramassar said that he was an auto-electrician by occupation and he was able to acquire his personal property through hard work. Quacy Abraham also questioned Ramassar about whether he ever saw the woman who had worked at Kuree Supermarket or Harrychand, with a large wad of cash and whether he was aware that his reputed wife had someone else in her life. He denied any knowledge of the same.
During questioning, Quacy Abraham allegedly wrote a statement and demanded that Ramassar sign it.
Ramassar thereafter enquired whether he was allowed to read the said statement and Quacy Abraham allegedly told him that he should not ask him any questions. The rank then allegedly became abusive and used profanity while ordering Ramassar to sign the statement.
Out of fear, Ramassar signed the statement without reading it.
Upon completion, Quacy Abraham ordered Ramassar sit on a bench at the Mahaicony Police Station as he would be transported to the Camp Street Prison.
Shortly after, Ramassar was again placed in a cell at the Mahaicony Police Station. On the afternoon of March 23rd, 2017, another member of the Guyana Police Force removed the Ramassar from his cell and recorded his fingerprints and his weight.
He was then returned to his cell.
On March 23rd, all three claimants were placed on $50,000 bail without being charged and were ordered to return to the Mahaicony Police Station the following morning.
In the case of Harrychand and Kallu, Justice Persaud awarded them $2.5 million and $1.5 million, respectively, for breach of their fundamental right not to be deprived of their personal liberty, in addition to aggravated damages of $375,000 each. Ramassar was awarded the sum of $1.5 million for breach of his fundamental right not to be deprived of his personal liberty. Further, the court ordered that the car to be released and that Ramassar be compensated $500,000 for breach of his fundamental right not to be deprived of his property; special damages for loss of the car in the sum of $470,000 and aggravated damages in the sum of $200,000.
