The private criminal charge which was brought against attorney-at-law, Nirvan Singh by police corporal Shawnette Bollers was yesterday discontinued in the Georgetown Magistrate’s Court by the Director of Public Prosecutions (DPP), Shalimar Ali-Hack.
The withdrawal prompted strong criticisms and questions from the complainant’s attorney, Eusi Anderson who said his client is prepared to take the matter all the way to the Caribbean Court of Justice (CCJ).
Dionne McCammon of the DPP’s Chambers signed the letter on behalf of Ali-Hack and on April 27, 2022, it was sent to the court. It was addressed to Chief Magistrate, Ann McLennan, discontinuing the charge.
However, due to Magistrate McLennan’s absence, the announcement was made only yesterday by Principal Magistrate, Sherdel Isaacs-Marcus.
Magistrate Isaacs-Marcus said that she was informed via a letter which was addressed to the Chief Magistrate that the DPP had made her decision to discontinue the charge and accordingly, such will be done.
The DPP’s reason for discontinuing the matter remains unclear.
Anderson yesterday, acting on instructions from his client, issued a press release stating that neither he nor Bollers had received any letter from the DPP on the discontinuation of the charge.
In the circumstances, he is calling on Ali-Hack to reveal to the public, the reason or reasons, along with all documents that she considered necessary which prompted her decision to discontinue the charge
“I call upon the DPP, on my client’s behalf, to make public all the documents she considered in the exercise of her discretion. Failure to do so on or before Monday 23rd May, 2022, will result in legal proceedings”, Anderson said.
Singh was charged on April 20 with racial hostility against Bollers. He was placed on $100,000 bail. Singh had later said in a statement that the racist conduct that he was accused of in no way reflects his philosophy or personal values, and as he was awaiting the court to properly determine the matter, he was remaining respectful and faithful to his values.
According to reports, it was alleged that the lawyer verbally abused Bollers while she was on guard duty at the residence of his father, retired Chancellor of the Judiciary, Carl Singh, at Lot 35, Middle and Cummings streets, Georgetown.
Bollers had filed a defamation suit against the attorney back in March and in her statement of claim, she stated that while on duty at Justice Singh’s residence, on the night of March 20, his son (the defendant), approached and chased her off the property.
She said that the incident occurred at approximately 22:13 hrs that night and she was forced to immediately abandon her post and duties, having to walk for a couple of miles to another location “in the dark of night alone.”
The Guyana Police Force (GPF) remained silent on the matter until Singh broke his silence.
The acting Top Cop Clifton Hicken subsequently stated that the GPF was investigating the assault and was awaiting legal advice from the DPP on the way forward in the matter.
Yesterday, Anderson aimed criticism at both the DPP and the police. He noted that the DPP’s letter was silent on the reason for discontinuation of the charge and the status of the police file on the Bollers complaint which is reportedly before her for advice.
“Some numbers to note for everyone interested in human rights. Women’s rights and the dignity of the black woman are as follows: it has been 58 days since this incident and no charge has been laid by the police – not for assault not for…racist language, it has been 58 days since this incident and no confrontation has been held with Nirvan Singh and Shawnette Bollers, it has been 56 days since Ms Bollers made her report and no action was taken by any authority to engage Ms Bollers in confrontation with Mr Nirvan Singh. It has been 25 days since Stabroek News reported on 23rd April, 2022 that the DPP’s Chambers was looking into the file having received it for advice”, Anderson said.
He said his client wonders what the DPP advised on or perused if the Guyana Police Force never investigated the case in the usual manner which would have entailed a confrontation between Singh and Bollers.
“…she further wonders what really did the DPP exercise her powers on if she only went on the basis of the single statement Bollers submitted to the police. These are significant questions that important constitutional functionaries must confront in the exercise of such awesome powers”, Anderson said.
He vowed that Bollers will speak her truth in a magistrate’s court and added “I close with my client’s instructions – `let this go all the way to the CCJ’”.
