Justice Nigel Niles on Wednesday ordered the state to pay $24 million for the unlawful killing of Quindon Bacchus by plainclothes ranks on 10th June, 2022 at Haslington, East Coast Demerara.
The ruling came after the state quietly accepted liability for the killing in July this year.
Justice Niles ordered the state to pay $24 million to the mother. The mother was represented by attorneys Dexter Smartt and Dexter Todd.
A release from Todd’s office yesterday said that the mother of Bacchus, on behalf of the estate of Bacchus, filed an action against the State for the unlawful killing of her son. This action was filed by Dexter Todd and Associates.
The release from Todd’s office said that the state first defended the action, denying liability for the killing and claiming that Bacchus died during an authorized police undercover operation while he was attempting to illegally sell firearms. However, by letter dated July 24, 2024 the Office of the Attorney General wrote the attorneys for Bacchus’ mother, as well as the judge, indicating that the state had accepted liability for the shooting and requested that the court make a decision on the quantum of damages to be granted to the estate of the deceased.
The release said that the court invited submissions from both sides and subsequently made its decision. The Judge found that the killing of Bacchus breached his right to life, as protected under the constitution of Guyana. The court said that it looked at recent matters of a similar nature and considered the settlement and judgment amounts in those matters before making its own decision in this case.
The court ordered that the state pay to the estate of Bacchus the sum of one million dollars for his funeral expenses, $22,500,000 as damages for the breach of his right to life and $500,000 in costs. That brought it to a total of $24,000,000.
Bacchus, a 25 year-old father of one lived at Golden Grove, East Coast Demerara. On 10th June, 2022 he was gunned down by the police at Haslington. The release noted that the incident was first described as an undercover sting operation by the Guyana Police Force which led to a shootout between Bacchus and members of the Guyana Police Force. The police claimed that Bacchus was going to sell an undercover officer an unlicensed firearm, the police revealed themselves to him, and he thereafter ran and started firing shots at the police. The police claimed that they subsequently returned fire hitting him and he succumbed to those injuries.
Inoperable
However, investigations revealed that there was no authorized police operation in that area and no Police Commander was aware of such. Further, examination of the firearm allegedly recovered at the scene revealed that the firearm the police claimed Bacchus used to shoot at them was inoperable and could not have been fired by him. There was also no civilian witness who saw Bacchus fire at the police, the release stated.
As a result of the incident and the investigation of the police, several police officers were placed under close arrest by the GPF. One of those officers; Lance Corporal Kristoff DeNobrega, was charged with the murder of Bacchus. He was remanded to prison and has since been committed to stand trial in the High Court. Two other officers; Lance Corporal Simon and Sergeant McLennon, were also charged with attempting to obstruct the course of justice. Lance Corporal Simon was also charged with the offence of conduct prejudicial to good order and discipline.
Chief Magistrate Ann McLennan read the charges to the three police officers during a virtual hearing. During the court proceedings, Police Prosecutor Neville Jeffers disclosed that the investigation which was launched into the shooting revealed that the firearm which Bacchus had was not in working condition.
The post-mortem report noted that Bacchus died from multiple gunshot wounds. Dr. Singh in that PM report revealed that Bacchus sustained six gunshots and also confirmed that he was shot five times to the back and once to the chest.
The release from Todd’s office said: “It must be noted that the members of the Guyana Police Force are not above the law and must be held accountable for their actions. It is only when citizens seek justice for unlawful acts against them or their family that the system can be improved. The rights of all citizens are enshrined in the Constitution of Guyana and the rights provided under said constitution must protected by the judiciary.”
On March 19 this year, Bacchus’ death was one of a number raised by the UN Human Rights Committee (CCPR) in Geneva, Switzerland. Minister of Parliamentary Affairs and Governance Gail Teixeira answered questions posed on this case and others.
She said: “A question was asked about the Quindon Bacchus killing by the police. The police officer was arrested and charged. He’s also been dismissed from the Guyana Police Force. These steps show he was not acting in accordance with the police practice and protocols. The prosecution is ongoing of the officer. As I said there are many questions I may have missed… but we’re open to answer any follow-up questions”.
The Director of Public Prosecutions (DPP) in a statement on July 4, 2022 said it had advised the Guyana Police Force (GPF) to institute the murder charge against DeNobrega.
“The Office of the Director of Public Prosecutions (DPP) wishes to advise that it received the report and file from the Chairman of the Police Complaints Authority Justice Retired William Ramlal on the evening of Sunday 3rd day of July, 2022. Justice Retired Ramlal recommended that one policeman, Lance Corporal Kristoff DeNobrega, be charged with the offence of Murder, contrary to common law, committed on Quinton Bacchus,” the DPP statement explained.
There were numerous protests by the family and friends of Bacchus over his killing. On June 28, 2022, one of those protests resulted in the looting, assault and the destruction of property of a number of vendors at the Mon Repos Market on the East Coast of Demerara.
