The DPP’s recommendation has shocked the man’s relatives as well as the attorney who has been fighting their case in court, particularly after an inquest found a police constable “criminally concerned” in the death.
Sawh, called ‘Kenny,’ had been arrested in connection with the larceny of a motor vehicle battery. He was booked at the Enmore Police Station at 11:30 am on January 17, 2008 and was later discovered dead at 1:30 pm. He was alone in the cell at the time.
When Stabroek News made contact with the DPP’s chambers last week, DPP Shalimar Ali-Hack said through her secretary that there wasn’t anything criminal to cause the institution of a charge. This newspaper was unable to ascertain if any departmental charges were laid against the police constable. He was, however, transferred to another police station in the district shortly after the incident.
In an invited comment, attorney Anil Nandlall, who had filed several court proceedings on the family’s behalf, said that the recent development was quite unfortunate. He said he will now have to review the coroner’s report and discuss with the man’s relatives the next step which may involve the institution of private criminal charges.
There is also a civil matter pending in the High Court where relatives have sued the Commissioner of Police Henry Greene and Attorney General Charles Ramson for in excess of $10 million as compensation for Sawh’s death. On Monday, the dead man’s mother Indrouttie Sawh burst into tears when this newspaper told her about the DPP’s findings. “I am not pleased at all with this … I feel as if I lose out,” she said between sobs.
Ever since his death, Sawh’s relatives had insisted that he had never displayed any suicidal tendencies and questioned why he would want to end his life over a petty allegation. They had urged those in authority to conduct a full investigation into the matter since they suspected that foul play was a factor in the death.
The police, through the Office of Professional Responsibility (OPR), had launched an investigation into his death, after his relatives alleged that he had been beaten while in custody. However, OPR found no evidence to substantiate the allegations.
Sawh’s relatives continued to reject claims that the police were not culpable and filed an action in the High Court requesting that an inquest be held. The order was subsequently made by Chief Justice (Ag) Ian Chang. In August, after hearing testimony from police witnesses and others, a four-member jury found a police constable on duty at the time criminally concerned due to procedures not being followed. The rank testified that he made no checks on Sawh after placing him in the lock-ups, and that he only made the discovery when another prisoner was about to enter the cell.
