Citing the brief arrest of attorney Tamieka Clarke on Friday, retired Assistant Com-missioner of Police, Paul Slowe says that ranks of the Special Organised Crime Unit (SOCU) are behaving as if they are above the law,
He related his own experience of what he says was improper conduct by the same SOCU officer, Krishnadat Ramana who ordered the arrest of Clarke on Friday simply because she advised her client of the right to remain silent while being questioned.
Clarke was eventually released but her detention triggered a wave of protests by lawyers and Attorney General Anil Nandlall also signalled his disapproval of the SOCU officer’s actions.
In a letter in yesterday’s Sunday Stabroek, Slowe outlined his experience with Ramana and how subsequent attempts to have what he said was the officer’s “unprofessional” conduct investigated floundered.
Slowe said that he attended the Georgetown Magistrate’s Court on October 15, 2021 in response to a summons, which was secured by Ramana, to answer to a charge of conspiracy to commit fraud.
“On my arrival Ramana and other ranks from SOCU were there to unlawfully arrest me for the same matter that caused me to be there. He also stated that he wanted to arrest me to caution me after charge, which as a former senior police officer I found to be outrageous. The entire sordid incident was captured by members of the media and streamed live for the world to see. That very day, accompanied by my attorney, Mr. Selwyn Pieters, I made a report of being assaulted by those ranks at the Brickdam Police Station, which at that time was temporarily housed in the St Stanislaus school compound, and later supplied a detailed statement of the incident. It might not surprise readers to know that so far nothing has come out of that report”, Slowe said.
He added that on Monday October 18, 2021, he made a report to the Police Complaints Authority about the same incident.
“On Tuesday February 22, 2022, I was invited by the Complaints Authority to his office to follow up on my report. Ramana and Constable 23975 Shaquel Duke were also present …Both ranks refused to cooperate with the Authority, who then indicated that he would report their conduct to the Commissioner of Police. To date, I have not heard anything further. I am recounting all this to say that it would appear that Ramana and other ranks of SOCU are above the law and can therefore commit these egregious acts with impunity. It is obvious to me that they enjoy the support of their superiors and a particular senior government official. It must be noted that despite the reports, the display of ignorance of the law and incompetence, Ramana was promoted from the rank of Assistant Superintendent to Superintendent, skipping the rank of Deputy Superintendent and superseding many others who were more competent and knowledgeable”, Slowe said.
Slowe said that he fully supports the call by the Guyana Bar Association for disciplinary action over the arrest of Clarke, including “termination of any officer (s) who were aware of and allowed this type of conduct”.
At a press conference on Friday, Clarke said that her client had been arrested two Fridays ago on computer fraud-related charges. However, he was released on his own recognizance and instructed to return to SOCU’s Camp Street headquarters on Tuesday afternoon. Clarke accompanied her client to SOCU on Tuesday where they encountered Ramana – who is in charge of the investigation – and he advised that they return on Thursday at 1 pm since they were not ready for a statement at the time.
Chooses
“I told Superintendant Ramana we can come back on Thursday at 1 pm, no problem, but my client has been advised and he will not be giving a statement. [I said] my client chooses to remain silent. Ramana told me ‘do you know what is obstruction, under rule one your client is compellable’. So I told him that my client was arrested, he’s a suspect, he was released and he’s told to report that he has been advised to remain silent. Ramana told me you and your client are going to come back on Thursday at 1 pm and if your client does not give a statement on Thursday at 1 pm, I will arrest you,” Clarke related.
She said that she further questioned the officer who stated “…counsel, all I can advise you is that counsel will need counsel.”
Clarke said that she returned with her client to SOCU on Thursday and the meeting was initially rescheduled to 2 pm. They were later informed that Ramana will be busy for at least two hours and were advised to return at 9 am on Friday.
“So my client arrived a few minutes before me on Friday this morning. So when I arrived, my client came up and we spoke. My client told me while he was there they [SOCU] had a statement there already and was asking him to read it and sign it,” the lawyer informed.
She said at that point, her client had adhered to the advice and refused to sign the statement. The former Public Prosecutor told reporters that she then approached an Officer Duke and informed him that no statement would be given. At that point, Duke instructed them to wait on Ramana who was in a meeting at the time.
Clarke said that her client then asked if he could leave since he needed to work and that was communicated to the officers who indicated that her client could not leave without signing the statement. At that point, an Officer Singh contacted Ramana who came out and ordered her arrest.
“He [Ramana] entered the room with the officers [and] my client and I were outside of the room. He told the officers ‘is she preventing her client from giving a statement, is she preventing her client from giving a statement? Speak up, y’all tell me, is she preventing her client from giving a statement, arrest her.’ So he told her an officer whose name I don’t know at this time, arrest me for obstruction,” Clarke related.
She said that Ramana instructed her to follow the male officer upstairs into a room while her client was ordered into another room to “give a statement.” The lawyer said that while in the room, she was relieved of her cell phone after which another officer advised that the female rank, stationed at the gate, be brought in to execute the arrest.
During the encounter, Clarke said that she attempted to leave the room but was prevented from doing so by a male officer. When the female rank came into the room, she also prevented the attorney from leaving and demanded that she hand over her watch.
Clarke remained silent until her attorneys came. The attorney also indicated that legal proceedings will be filed in court this week.
The Guyana Bar Association and the Guyana Association of Women Lawyers have strongly condemned the arrest of Clarke.
On his Facebook page, Attorney General Nandlall said he received a call from attorney at law Shaun Allicock informing him of the incident. Nandall said that he enquired about the reasoning behind the detention after which he called the head of SOCU Senior Superintendent Fazil Karimbaksh.
“…in my capacity as the constitutional legal advisor to the Police Force I called Mr Karimbaksh and enquired of the circumstances of the alleged detention of Ms Tamieka Clarke and he offered an explanation. In that explanation, of course, he confirmed that Ms Clarke was being detained. I advised Mr Karimbaksh to immediately release Ms Clarke from Police custody,” he said.
Nandlall said he contacted Ramana and advised that Clarke ought to be released immediately. He added that he also spoke with Clarke and informed her of the intervention and offered his apologies as a colleague of the Bar.
