The government has decided to challenge a recent court ruling that awarded $24 million to the family of Quindon Bacchus, who was unlawfully shot and killed by police in June 2022. While the state has admitted responsibility for his death, it feels the compensation ordered by the court is too high and has filed an appeal.
Addressing the issue at his Ministry’s recent end of year press conference, Solicitor General Nigel Hawke explained why the appeal was necessary.
“We accepted liability because we agreed the police were wrong, but we believe the judge went beyond what the evidence supported when deciding the amount of compensation. That’s why we’re taking this to the Court of Appeal.”
Attorney General Anil Nandlall SC, explained that the government did not contest liability because the Police Complaints Authority had already found the officers involved at fault. Criminal charges were also filed against them.
“We knew it would have been wrong to contest liability given the evidence. So we told the court, “The state is responsible. Let’s just deal with the compensation.” But we believe the judge awarded damages that were not asked for, and that’s why we are appealing.”
Moreover, Nandlall noted that judges must base compensation on what has been pleaded in the case and on awards in similar matters. “If this decision stays, it could lead to other cases being decided wrongly in the future,” he said.
Bacchus, a 25-year-old father of one, was shot and killed on June 10, 2022, during a police operation in Haslington, East Coast Demerara.
According to the police, officers had gone to the area to intercept Bacchus, who was allegedly trying to sell an illegal firearm. They claimed Bacchus fled when an alarm was raised and fired a shot at the undercover officer, who then returned fire. Bacchus was shot multiple times and later died while receiving treatment at the Georgetown Public Hospital.
An autopsy confirmed that Bacchus died from multiple gunshot wounds. Police said they recovered a .380 pistol, a spent shell from the same weapon, and two spent 9mm shells at the scene.
The officer accused of shooting Bacchus, Lance Corporal Kristoff DeNobrega, has been charged with murder. Two other officers, Lance Corporal Thurston Simon and Cadet Officer Dameion McLennon, are facing charges for allegedly trying to cover up the incident.
On March 19 last 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 told the Committee: “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”.
Justice Nigel Niles on November 13th last year ordered the state to pay $24 million for the unlawful killing of Bacchus. The ruling came after the state quietly accepted liability for the killing in July last year.