Chief Justice (ag) Ian Chang has granted an order directing Commissioner of Police, Henry Greene to return a canter to the driver who transported the students of Patentia Secondary School to the city last week for a protest.
The order was issued yesterday following a High Court application by the driver, Maniram. The police had seized the vehicle on Thursday last when Maniram was also detained. The police said he was not authorized to transport that number of persons, and he was subsequently released on station bail. Maniram later appeared in court on charges related to breach of insurance, transporting passengers in the tray of his vehicle and a lack of fitness for the vehicle.
Maniram’s vehicle was not released by the police, which resulted in the High Court action filed by his attorney, Robert Corbin. In the application, Maniram argued that the detention of his vehicle was unlawful, unreasonable, in excess of jurisdiction and a breach of his fundamental rights among other things. He said too that he was losing business due to the continued detention of his vehicle.
Maniram, a self-employed driver of Patentia, West Bank Demerara, said in court documents that the vehicle is used to earn his living and support his family; a wife and two children. He noted that his fitness expired last November while his insurance policy expires later this month.
The driver said he was travelling along the West Demerara public road when he was approached to transport the children down to the city. Maniram said he informed the individual who approached him that his vehicle could not transport people, but someone in the crowd promised to obtain permission from the police. Shortly after, he was informed that permission was given and since two senior police officers present at the time did not object to the students getting into the vehicle he decided to proceed to Brickdam.
Maniram was later escorted to the Brickdam police station and detained where police informed him that he was arrested for breach of insurance because his vehicle was transporting too many passengers contrary to the policy. He posted bail and was initially released with his vehicle, but another police officer confronted him just after he left the station and ordered that he return to Brickdam; he complied. He was released a second time and informed that the vehicle would be released after he appeared in court.
He appeared in court on Friday last and was informed by the police prosecutor that the vehicle would be returned. Maniram said the police at Brickdam refused to release the vehicle later that day despite the promise of a senior officer that it would be released at 4:30 pm. He said that Corbin made several representations on his behalf including contacting the Commander of A Division, but that no information was given as to why his vehicle was being detained.
Maniram said he was advised by Corbin that the only coherent response he received from the police was that they were acting on instructions from “higher up”.
The driver said he had been contracted to undertake several jobs on Thursday last and the days following but that he was unable to fulfill the contracts because his vehicle was detained. Maniram said he suffered financial loss, noting that he has other contracts to fulfill in the coming days and weeks.
