-says she was not told of cannabis in alleyway
By Shuntel Glasgow
Debbie Tyson says there were no grounds whatsoever for the recent police search for narcotics at her Lot 86 BB Eccles, East Bank Demerara home which came up empty-handed. The woman also said that a copy of the warrant was not left with her.
Tyson, the mother of social media activist Melissa Atwell, told Stabroek News yesterday in an interview, that on Tuesday she was at home at about 4 pm when she heard a knock on the door. She walked to the back door and a police rank who was standing there, instructed her to open the front door. Upon doing so, a female rank, accompanied by Assistant Superintendent Mahendra Singh, and other ranks entered the home. A document that was stated to be a warrant was presented to Tyson.
Tyson was then informed that police had received information about illegal activities at her home and requested permission conduct a search. The woman told this newspaper that she complied and a search was conducted in several parts of the house. During the process, she followed them and after it was concluded, nothing was found. The ranks then picked up the warrant from the table and headed downstairs.
‘I walked behind them and they search. When they were finish searching, they didn’t find anything. They said that it is okay. They pick up the paper [warrant] that was on the table. Why didn’t they leave me with a copy of the search warrant? They take back the warrant and it’s kind of suspicious. Why you take back the warrant?”, she queried.
A further search of the house’s downstairs storage room and throughout the yard yielded no results. According to Tyson, since nothing was discovered, she shut her door and went inside. She stressed that she had no idea what took place after being told that nothing illicit had been found and that the ranks had left the premises.
As such, Tyson said she was in a state of shock when it was reported by several media outlets later that evening, that narcotics had been discovered over the back concrete fence in the alleyway (next to some banana suckers.)
The alleyway leads to the Eccles main access road and is being utilised by residents who would plant fruit trees along the path.
“They left and go away. They didn’t come back to say they find anything. According to the media, they found something in the alleyway at some banana trees. I was never informed of anything outside my premises, so I was shocked to hear that they find something there. I wasn’t present at that search through there [alleyway]. I was present during the search in my home and on my premises. I complied; they were satisfied with the search, they said okay, and that was it.”
Traumatised
The woman said that while she was not fearful of anything because she was confident that nothing illegal could be found, her mother who lives with her and suffers from Alzheimer’s, was traumatised. Tyson recounted that her 87-year-old mother became more fearful as the police rank stood with his firearm a short distance away from where she was sitting while the search was being conducted.
“I know how she feel because she keep asking ‘they carrying you away?’ and ‘what they come for?’ It was traumatising for her. I was calm because I know that I am not doing anything illegal.”
Tyson further stated that her daughter, Atwell, who is a human rights activist, would publicly speak out about issues in Guyana that can sometimes be offensive to those in authority.
“My daughter she chose to do that, that is her personal life, that is her purpose. I try to keep myself in a way where I am not politically affiliated with no PPP or PNC or participate in anything. I don’t comment or anything”, she said.
The woman explained that she would rarely have visitors at her home and if a proper investigation is to be conducted, it would reveal little to no activities at her home. She reasoned that there are cameras that would monitor the village which would provide evidence that visits to her home are limited. The woman opined that the statement made by the police could blackball innocent people.
“If they do a proper investigation in this neighbourhood, they would see the
activities that is going on at this house here. Nobody comes here to me in years; I don’t have friends that come here to me. I associate with people on the street, stop and talk with them and that’s it. So, I want to know what activities they were talking about because they say they receive information”, she said.
Fifty-six-year-old Tyson, who was a business owner, quit working one year ago to take care of her 87-year-old mother. The woman was the owner of a car wash. Being an entrepreneur was a family trade that she inherited but since her 87-year-old mother became ill, she quit working.
The police stated that on Tuesday between 16.10 and 17.00 hours, a party of police led by a gazetted officer, Assistant Superintendent Mahendra Singh, acting on intelligence received, went to the home of Tyson where a search warrant was executed for narcotics.
According to the report, police searched the house and yard. However, while searches were conducted in the yard, ranks observed a black plastic bag over the back concrete fence in the alleyway (next to some banana trees). Upon examination, it was found to contain a transparent plastic zip lock bag, which had a quantity of suspected cannabis.
Meanwhile, the Guyana Police Force yesterday shared the warrant with reporters and it posed more questions than answers. On the warrant, it is visible in faded print that it was designated for the East Bank Demerara District, then renamed to the Georgetown Magisterial district. At the bottom left corner of the warrant, it was dated 16th March, 2022, but that was scratched out and then dated 17th September, 2024. Also, the document carried a stamp from the Diamond/Grove Magistrate’s Court.
And, in response to a September 19 letter issued by lawyers on behalf of Tyson and Atwell to Commissioner of Police (Ag), Clifton Hicken, Principal Legal Advisor, Ronetta Sargent stated that a warrant was obtained at the Diamond/Golden Grove Magistrate’s Court for a search to be conducted. Further, the search was conducted because of reasonable suspicions that an offence had been or was being committed by Tyson.
“We are instructed that based upon reasonable grounds for suspecting that an offence against the Narcotics and Psychotropic Substance Control Act, Cap. 10:10 has been or, is being committed by “Debbie” at premises known as and situate at Lot 86 BB Eccles, East Bank Demerara and that evidence of the commission of the offence is to be found at the said premises, a duly authorised officer of the Guyana Police Force applied for and obtained a warrant under the hand of the Presiding Magistrate at the Diamond/Golden Grove Magistrates Court dated 17th September, 2024, to enter and search the said premises, in accordance with the provisions of the said Act.”
The letter that was signed by Legal Advisor Sargent further stated that the search was executed in compliance with the laws of Guyana. Also, an original copy of the warrant was left with Tyson, who told police that she was satisfied with the search of the premises.
“We are further instructed that members of the Guyana Police Force who executed the said warrant on the 17th September, 2024, between 16:00hrs to 16:50hrs, did so in scrupulous compliance with the laws and the Constitution of the Co-operative Republic of Guyana. In fact, upon the conclusion of the exercise, the person who identified herself as “Debbie” and appeared to be main occupant of the premises was specifically asked by the lead police officer whether she was satisfied with the conduct of the officers during the exercise and she answered in the affirmative. This conversation and almost the entirety of the execution of the warrant was video-taped. An original copy of the said search warrant was left with the person who identified herself as the main occupant of the premises.”
The letter stated that the investigations are still ongoing. Sargent denied the allegations made against the GPF that they violated the law, as well as the constitutional rights of Tyson, and breached the Constitution.
“In the circumstances, each and every allegation of violation of the law, the constitutional rights of your clients and breach of the Constitution itself, is strenuously denied and emphatically rejected hereof. Additionally, each and every ulterior, illicit and improper motive which you have ascribed to members of the Guyana Police Force in respect of this matter is similarly denied and rejected.”
The letter also stated that the police ranks who executed the warrant had no prior knowledge of Tyson and her relatives.
“Indeed, and for the avoidance of doubt, we are instructed that the police officers involved, at the time when they applied for and executed the warrant, had no prior knowledge of who “Debbie” is, or to whom she is related, which in any event, would have been immaterial to the matter at hand. Please be assured that the Guyana Police Force will continue to discharge its statutory duties pursuant to the Police Act, Cap. 16:01 without fear or favour and in due compliance with the letter and spirit of the Constitution of the Co-operative Republic of Guyana and will not be swayed by the identity, station or activism of any individual or citizen. Needless to say, any legal proceedings instituted as threatened will be stoutly defended.”
Lawyers for Atwell and others wrote to the Commissioner of Police asking for the factual and legal basis behind the search of their premises at on September 17th and claiming a breach of constitutional rights.
“We are instructed by our clients that on the 17th of September 2024, ranks of the Guyana Police Force appeared at and carried out an unlawful search and trespass of the home of Ms Debbie Tyson and Ms Josephine Tyson…”, the lawyers said in the September 19th letter to Clifton Hicken.
The letter said that Atwell is a well-known human rights activist who has been employing her social media platform to advocate against alleged corruption within the Government of Guyana and the Guyana Police Force.
“We have advised our clients that these actions constitute trespass and a violation of our clients’ constitutional right against arbitrary search and entry, as afforded to every Guyanese under Article 143 of the Constitution…
“We are instructed that the unlawful actions of the Guyana Police Force constitute an attempt to harass, bully, and intimidate Ms Atwell into remaining silent in relation to her criticisms of the Government of Guyana and the Guyana Police Force”, the letter said.
The lawyers said that their clients have advised that police ranks “during the unlawful search” conducted themselves in a way that violates Article 141 of the Constitution pertaining to protection from inhuman or degrading treatment.
The lawyers said that during the search, their clients observed no body cameras being worn by the ranks conducting the search, nor was the search video-recorded.
In the circumstances, our clients have instructed us to request from you, as we hereby do, the factual and legal basis upon which your ranks purported to search our clients’ residence and their persons, in written form, inclusive of any documentary sources that informed your actions”, the letter said.
The lawyers said that in view of the seriousness of the matter they expected a response no later than 48 hours upon receipt of the letter, failing which legal proceedings will be instituted against the State of Guyana”.
The letter was signed by Roysdale Forde SC, Nigel Hughes, Joseph Harmon, Eusi Anderson, Dr Dexter Todd, Narissa Leander, Iyanna Butts and Darren Wade.
