A man who said he was wrongfully arrested and imprisoned by officials of the Guyana Revenue Authority (GRA) is suing the institution for damages in excess of $4M.
Robbie Outar in court documents seen by this newspaper said that he was driving his friend’s car along the Mahaica Public Road at about 3 am on December 31st last, when he was arrested and detained by five heavily-armed men whom he later realized to be officials of the Revenue Authority.
He said that on the night in question, two vehicles sped past him; and because of how they were being driven, he decided to pull over and park—especially since he had been driving for some four hours earlier on a trip to the Corentyne and had not had a break.
He alleges that some five minutes later, a black Toyota Hilux with tinted glass and without any insignia, bearing registration number PYY 3800 pulled up alongside him, from which five men dressed in bulletproof vests, armed with rifles exited.
Outar, (the claimant) said that the men surrounded his car with their guns pointed at him at which point he immediately became afraid, thinking he was about to be robbed.
He said he was ordered out of the vehicle and placed to lie face-down on the ground before being handcuffed and placed under arrest, even as one of the men stood over him pressing his foot into his back.
The claimant said that both he and his vehicle were then searched, but noted that even though nothing unlawful or illegal was found, he was still taken away by the armed men.
Outar said he was questioned as to what he was doing on the road “so late” and he explained that he had taken a friend to the Corentyne. He said he then enquired from the men the reason he was being arrested and was told, “in the morning you will see the big boss.”
According to the man, he was then placed in the back seat of his car next to one of the five men, while another drove the vehicle to the Mahaicony Police Station, where he was placed in a cell.
The claimant said that all during the journey he kept enquiring why he had been arrested, but was ignored. He said the men never identified themselves as police officers nor did they ever inform him of his right to counsel.
Outar related that later that morning, about 8 am he was taken out of the cell, placed in his vehicle and then in the company of the men again, began a journey to Eccles, East Bank Demerara during which he was questioned about whether he knew “the driver of a yellow motor vehicle,” which had driven past them.
Outar said he responded in the negative.
He said that upon arrival at Eccles, the men proceeded to search the trunk of his vehicle and the engine, but again found nothing unlawful or illegal.
According to Outar, he was then asked to sign a document lodging the vehicle. At that point, while still in handcuffs, Outar said that he was then placed in a red Toyota Rav4 and taken to GRA’s Camp Street headquarters.
He detailed arriving there sometime around noon and was led up to the third floor. Outar said that he was embarrassed as he walked past no less than 100 persons who were in the compound transacting business at the time.
Noting that all this time he was still in handcuffs, the claimant said that persons stared at him.
He said it wasn’t until he had gotten to the GRA that he realized the men who had arrested him were employees of the Revenue Authority.
The claimant said he was then questioned about the whereabouts of the owner of the vehicle he was driving, but said he explained to them that he did not know.
He said later that afternoon at about 3, being without food by then for 12 hours, he was escorted to the Vigilance Police Station, where he was again placed in the lockups—this time with other prisoners.
Outar said that he again repeatedly sought answers as to why he had been arrested, but none was provided.
According to him, the condition of the cell at the Vigilance Police Station which he had to endure for all of New Year’s Day, was vile and smelt of faeces and urine.
He said it wasn’t until about 4:30 on the afternoon of January 2nd that he was released after posting $100,000 station bail and being ordered to return to the Authority’s headquarters for 9am the following day.
Outar complains of being wrongfully arrested and falsely imprisoned for more than 61 hours.
He said on January 3rd he visited the Revenue Authority’s headquarters as he had been ordered, though some two hours later.
While there, Outar said that he was again questioned about why he was on the road at 3am on the night in question, while noting that his response was as previously given.
The claimant argued through his attorney Rajendra Jaigobin that at no point in time whatsoever from his arrest on December 31st, right up to his release on January 2nd, were statements or fingerprints ever taken from him, nor was any allegation ever levelled against him.
Outar said that during the period of his incarceration, he suffered mental trauma as he was detained without cause and was constantly worried about his 2-month-old daughter.
He said that in the circumstances, he would like the court to grant the award of damages being sought, together with interest at the rate of 6% per annum from the date of filing of his claim to the date of judgment; and thereafter at the rate of 4% per annum until fully paid, in accordance with Section 12 of the Law Reform (Miscellaneous Provisions) Act Chap 6:02.
He also wants aggravated and exemplary damages, court costs and any further order the court may deem just to grant.
Just last July, lawsuits for wrongful arrest were filed against the Revenue Authority. Two businessmen together sued the tax collection authority for $8 million. They alleged that customs officers wrongfully arrested and detained them on accusations of smuggling raw chicken into the country for sale to the Guyana Defence Force.
