The High Court yesterday ordered the release of a 14-year-old teenager, who was taken into police custody last week following the discovery of a quantity of suspected cannabis at her West Ruimveldt home.
This was confirmed by Attorney Eusi Anderson who told Stabroek News yesterday that the teenager was kept in police custody for more than 72 hours without being charged.
As a result, Anderson said a habeas corpus writ was filed at 1 pm yesterday.
At a hearing held at 5 pm yesterday, he said that acting Chief Justice Roxane George-Wiltshire SC ordered that the teenager be released into the custody of a family member.
“The Chief Justice ordered that the child’s detention whether by the police or the Child Care and Protection Agency must cease immediately and she must be released into the custody of a relative,” Anderson said.
Anderson explained that prior to the hearing, the teenager was detained at the East La Penitence Police station. He said a decision was only taken to transfer her to the Juvenile Holding Centre in Sophia after the habeas corpus proceedings commenced.
“The Chief Justice opined that she does not feel as though the application should have become necessary. She said that she observed that there was no application for the extension of the detention from Sunday when the 72 hours finished to today (yesterday) at 5pm. As a result, the CJ felt that the orders were necessary,” Anderson further related.
The court also ordered that the sum of $50,000 be paid to the teenager’s family for the legal expenses incurred in filing of the application.
Stabroek News was informed that the teenager was taken into custody last Thursday after ranks of Region 4A carried out a search at a West Ruimveldt house and unearthed a quantity of leaves seeds and stems suspected to be cannabis.
At the time of the search, the teenager was said to be the lone occupant of the house.
Police spokesman Assistant Commissioner Royston Andries-Junor, in a statement yesterday said that the detention of the juvenile was in keeping with the Standard Operating Procedures (SOPs) of the Guyana Police Force.
He said at no time was the teenager placed in any lock-up, questioned by any male detective or handcuffed.
Andries-Junor noted that the case file in the matter has been completed and was sent to the Director of Public Prosecutions (DPP) for legal advice.
He said it is expected to be returned shortly with recommendation/s on the way forward in the matter.
In the statement, the police explained the operation which lead to the detention of the teenager.
The police noted that shortly after arriving at the house, ranks were approached by a 26-year-old female, who claimed to be the daughter of the owner of the property and the sister of the teenager who was detained.
“On arrival at the house, the southern door was seen open and was used by the police to enter the house where they observed the female juvenile on a bed. The ranks proceeded to search the house and discovered under the bed occupied by the female a wash tub containing a quantity of leaves, seeds and stems, suspected to be cannabis,” the statement explained.
The teenager was questioned in the presence of her sister, the police said.
During questioning, the police added that the teenager indicated that she occupies the house with her 41-year-old mother, who was out of the house at the time.
As a result, the police said the teenager was escorted to the East La Penitence Police Station. The suspected cannabis was weighed in her presence and amounted to 11.352 pounds.
