Colwyn Harding, who alleged in 2013 that police officers had raped him by inserting a baton into his rectum, has had his civil suit dismissed yesterday and has been ordered to pay $2 million in costs.
According to a release yesterday from the office of the Attorney General (AG), an earlier dismissal of the case for want of prosecution was recalled on the condition that Harding pay the AG and Police Constable, Devin Singh, the two Respondents $150,000 costs each on or before the 16th July 2021.
These payments were not made and Harding did not appear in Court when the matter was called before Justice Navindra Singh yesterday consequently the actions stood dismissed, and costs in the sum of $1 million was awarded to each plaintiff.
Harding’s lawyer, Nigel Hughes, according to the release, told the Court that there had been difficulties contacting Harding, and that continual efforts were made until 24th July 2021.
The release reminded that in the actions filed in March 2014, Harding alleged that he was assaulted and battered by members of the Guyana Police Force, including one Police Constable Devin Singh, and thus sustained injuries.
The complainant requested that the Court grant him damages in excess of $100,000 for assault and battery between the 15th and 22nd days of November 2013 at Timehri as well as exemplary damages against Singh.
The action against the AG contended that Harding’s fundamental rights were breached, and asked the Court to grant him damages in excess of $80 million for the various breaches.
Harding had com-plained of being assaulted by Police Constables Roselle Tilbury-Douglas and Singh while a detainee at the Timehri Police stations pending investigation into allegations of robbery.
The two police officers were jointly charged with assaulting Harding between November 1st and November 13th, 2013, at the Timehri Police Station. Singh had an additional assault charge laid against him. On March 29, 2016 both were cleared of the charges at the Providence Magistrate’s Court.
The severity of Harding’s injuries, which resulted in him being hospitalised for an intestinal hernia and undergoing multiple surgeries, had sparked a public outcry, which led to a formal investigation and the laying of charges against Singh and Tilbury-Douglas.
The State had denied the claims advanced by Harding—specifically arguing that the medical evidence “did not support Mr. Harding’s contention of a foreign object being inserted into his anatomy, and that any surgical procedures undertaken were as a result of a medical condition which Mr. Harding had developed.”
In making representation for costs, the AG’s office reportedly told the Court that irreparable damage had been done to members of the Guyana Police Force, the State, and Police Constable Devin Singh.
Many organisations came out in condemnation of the Force while Singh received several death threats, and was forced to flee his home and live elsewhere for several years. He remains interdicted from duty since 2014.
