The Child Care and Protection Agency (CPA) is being accused of refusing independent legal representation to the 16-year-old complainant at the centre of the rape allegations against Local Government Minister, Nigel Dharamlall.
According to sources, the mother of the child requested that the girl’s rights be protected by a lawyer and the names of two were suggested. However, so far, no lawyer has met with the child.
Attorney-at-law and former government minister, Khemraj Ramjattan, last night related that he was contacted by the mother of the teen to be present when she was signing her statement and he agreed. However, when he arrived he was barred from providing any legal assistance.
Given his experience, he said that he has since informed the Attorney General and the Director of Public Prosecutions (DPP).
“She had asked me whether I could be there. When I went around 9 am, the CPA officer in charge informed me of a protocol that exists which does not allow for a private lawyer to be present. I urged the people present that the girl is entitled to legal representation,” he recounted.
He added that the Child Advocacy Centre (CAC) was also taking a statement yesterday morning from the girl’s younger brother and his presence was again requested, “to just watch that nothing untoward goes on…That request too was denied by both the head of CAC, and the child care officer in charge of the girl. I was informed that I can contact the Director, I immediately called and got no answer.”
Ramjattan, who is also a Member of Parliament, explained that he left after the head of the CAC showed him a room that the brother will be interviewed in, and indicated who will be present in an adjoining room.
This newspaper understands attorney Dexter Todd was also aiming to assist but was not able to do so.
Ministry of Human Services and Social Security’s Child Care and Protection Agency, Assistant Director Levine Gouveia yesterday abruptly ended a call from this newspaper when contacted for a response to the allegation. Gouveia answered the initial call but after being told it was from the Stabroek News she terminated it. All other calls went unanswered.
Messages and calls to Dr Vindhya Persaud, Minister of Human Services and Social Security concerning the accusation were unanswered up to last night.
As of yesterday, investigations continued and Crime Chief Wendell Blanhum informed this newspaper that investigators are putting together the case file and will seek legal advice today.
“The case file containing the report, statements, and other documentary evidence will be forwarded tomorrow [today] to the Office of the Director of Public Prosecutions for advice.”
Dharamlall has not made any public statement on the allegation but through his attorney on Monday denied the allegations.
His arrest came a day after President Irfaan Ali approved his request to proceed on administrative leave, paving the way for a probe. On Monday morning, Dharamlall through his attorney said that he is prepared to “assist in a full investigation” of misconduct allegations against him.
Dodged
Ali however, has not offered any further comments on the matter. During two public engagements one of which he attended yesterday, he dodged questions from the media. When approached by Stabroek News and other reporters, he informed that he was not taking questions as he was late for a meeting on oil and gas.
On Tuesday, when he was scheduled to address the commissioning of a disability learning centre at Mahaica, he cancelled.
The Guyana Police Force last night in a statement responding to questions from the media, said that at no time did the complainant or her parents make any request to the police for any attorney-at-law to be present.
“At all times, the virtual complainant and her parents were in the presence and hearing of the childcare officer, and this fact can also be corroborated by her,” the statement issued by Deputy Director of Corporate Communications at the Guyana Police Force, Stan Gouveia informed.
Dharamlall’s attorney, Nigel Hughes, on Tuesday told Stabroek News that a visit to his house was made after investigators requested to search the property. The search was done in the presence of the complainant at the property where the crime purportedly occurred. He told this newspaper that the complainant was accompanied by two persons in addition to the investigators during the visit.
However, this move by the police is being heavily criticized by sections of civil society and activists.
The force also dismissed allegations that the minors, including the complainant’s seven-year-old brother were questioned in the absence of their parents or welfare officers.
“The Guyana Police Force can confirm that all Standard Operating Procedures were followed in the conduct of this investigation. At no time whatsoever were any of the minors involved in this investigation questioned in the absence of a parent and a welfare officer,” the force responded in a statement last night.
It was explained that when the complainant walked investigators through the alleged crime scene, under the supervision of a Superintendent of Police, the accused was not present. The police said he had already left as he was instructed to do by investigators.
One source decried the fact that the child was taken back to the alleged scene of the crime as “this should not have happened.” It was noted that the child had already located the alleged house and to take her in the home was further traumatising her.”
“To take that child where the crime (allegedly) happened should not have been, she would have been terribly affected. The child protection officers should have been able to tell the police no, she has already identified the house and that is enough. More should be done to protect the rights of the child,” a source said.
It was also stated that the agency should have gone to the courts to for a protection order as this would have been the better avenue to protect the rights of the child. However, this newspaper understands that the agency does not have an in-house lawyer as was in the case in the past and as such it is further hamstrung in this aspect.
Red Thread
Founding member of Red Thread, Karen De Souza, yesterday said her organisation is very concerned for the emotional and physical well-being of the 16-year-old who has accused the minister of rape.
Speaking to Stabroek News, De Souza accused the Child Care & Protection Agency of refusing to allow the child access to a lawyer as per her request. She also said Red Thread, who was in contact with the child before the issue “blew up”, has also requested to have access to the child if she agrees but so far has not been able to do so.
“I believe the state will continue to try to railroad this child … We are very concerned about her emotional state and her physical safety. We have to put the state on notice that should anything happen to this child we would hold from the President right down to the ministers accountable,” De Souza told this newspaper when contacted.
She said from information reaching Red Thread, the child has completed her forensic interview, made a statement and should be having trauma counselling with the non-governmental organistaion that has conducted the interview.
According to De Souza, her organisation was in contact with the child prior to the investigation and “out of an abundance of caution” they requested that the child send all of the available evidence she had on her phone and this is now in the possession of Red Thread.
“So even though she does not have access to her phone now… we had asked her to send all of the evidence she had on her phone…” De Souza told this newspaper.
Red Thread is expected to today launch a protest to highlight the child’s plight, outside of the Arthur Chung Conference Centre in Liliendaal, where the Caribbean Court of Justice is having a court session.
Sections of civil society and the opposition have been applying pressure to Dharamlall and the government calling for his resignation from office and as a Member of Parliament.
The opposition also announced that their protest calling for Dharamlall to go will continue today at 12 pm in front of the Office of the President.
At approximately 6.30 pm on Monday, the Minister surrendered himself in the company of his attorney and remained at the Brickdam Station until 10.15 pm.
A brief statement issued by the police following the arrest on Monday evening stated that the Minister was arrested after being told of the allegation made against him.
The allegations which first surfaced on social media last week attracted the attention of the Guyana Police Force and the CPA.
The complainant is in the care of the CPA.
A report is to be compiled and forwarded to the office of the Director of Public Prosecutions (DPP) for advice on the way forward.
Shadow Minister of Home Affairs and former magistrate, Geeta Chandan-Edmond, on Tuesday stated that since multiple reports on the matter are now readily available to the President, he must act immediately with the urgency this matter demands. In the statement, she called for the Minister to be removed from public office and pointed out that by virtue of these allegations, the Minister is not fit for public office in any capacity and must be immediately removed from Parliament.
