-President instructs
In what will be seen as a rebuke of the Attorney General’s Chambers, President Irfaan Ali has instructed that the family of Quindon Bacchus be paid the $24 million awarded by the High Court over his unlawful shooting death in June 2022.
The state had originally decided to appeal the ruling which was handed down by Justice Nigel Niles back in November.
Speaking at his weekly conference yesterday at the PPP Headquarters on Robb Street, Vice President Bharrat Jagdeo stated that “this matter was drawn to the attention of the president. Apparently the AG (Anil Nandlall SC) and the others were planning to appeal the judgment, and the President made it clear there should be no appeal and that the award must be paid to Quindon Bacchus and their family”.
It is unclear where the President enunciated his position and why it took so long to be made public. The decision to appeal the $24m award was announced since December 28 last year at Nandlall’s end of year press conference. The decision was reported prominently in yesterday’s Stabroek News and up to then there had been no announcement by the President.
Giving the rationale behind the withdrawal of the appeal, Jagdeo noted that “clearly you had someone in Government who believed that we needed to appeal this matter and the President had a different view on the matter and I share the President’s view as the chief executive of the country. So I am happy that he actually did that, he withdrew the appeal, or he directed that the appeal be withdrawn”.
Providing a basis for the appeal at his Ministry’s end of year press conference, Solicitor General Nigel Hawke stated that “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.”
Nandlall added: “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.”
Nandlall also 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 on December 28th.
Bacchus, who was 25 at the time of his death and a father of one was shot and killed on June 10, 2022, during a police operation in Haslington on the East Coast of 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 he 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 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.