The families of three Linden men, who were shot and killed by police in 2012 as they protested the then government’s proposed electricty hike for the bauxite mining town, are each suing the state for more than $150M in damages.
Among other things, the mothers and son, respectively, of Ron Somerset, Shemroy Bouyea and Allan Lewis are contending in their lawsuit that the men were deprived of their fundamental right to life.
Somerset, 18, Bouyea, 24, and Lewis, 46, were fatally shot when police opened fire and discharged tear smoke in the vicinity of Mackenzie/Wismar Bridge on July 18th, 2012, as townsfolk protested against proposed electricity tariff hike.
The matters are set to come up for hearing before Justice Frankyln Holder on February 25th.
Margaret Somerset filed a suit on behalf of the estate of her son Ron, Jacqueline Bouyea for her son Shemroy, and Rodwell Lewis for his father Allan.
They are asking the court to grant declarations that the police were reckless and used unnecessary force in killing their loved ones.
They argue through their attorney, Darren Wade, that the lethal force used by the lawmen was not only excessive and unnecessary, but unlawful as well.
They contend, too, that the police failed to provide any medical aid or support after shooting at the men, which not only caused them to suffer but led to their eventual deaths. The applicants said that this is both inhuman and degrading punishment and want a declaration to that effect.
For breach of right to life, they are each asking for in excess $100 million in damages and more than $50 million each for the inhuman and degrading punishment they said their loved ones endured.
They are also seeking exemplary and aggravated damages, court costs and any further order the court may deem just to grant.
In the report on its findings and recommendations, which was handed over to then President Donald Ramotar in 2013, a Commission of Inquiry (CoI) found the Guyana Police Force responsible for the deaths of Somerset, Bouyea and Lewis.
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.
As a result, having analysed the contributions in terms of earnings made to their families by the three deceased men, the commissioners recommended a compensation of $3 million to Bouyea’s estate, $3 million to Lewis’ estate and $2 million to Somerset’s estate.
They also recommended compensation for a total of 13 persons for injuries they sustained during the shooting. These sums ranged from $50,000 to $1.5 million.
At the time, retired Justice Cecil Kennard had said that that the sums were just recommendations and it was up to the government to decide how much to pay. Kennard served on the commission along with Senior Counsel K.D Knight, of Jamaica, Senior Counsel Dana Seetahal, of Trinidad and Tobago, former Justice of Appeal Claudette Singh, and former Chief Justice of Jamaica Lensley Wolfe, who was the Chairman.
Asked why the compensation recommended for Somerset’s family was lower than the others—the figure was increased from $1 million to $2 million just before the report was handed over—Kennard said that this was based on what the man’s mother told the commission, and because of doubt surrounding whether he was employed at the time of his death.
The CoI report called the compensation recommended a gratuity rather than a legal obligation. “In making our recommendations we considered all the circumstances in which persons suffered losses,” the report said.
