Bystander Michael Roberts, who was shot in the mouth on July 18 last year near the Mackenzie-Wismar Bridge during clashes between police and protestors, should receive $1.5 million for his injuries, which left him unable to work, the Linden Commis-sion of Inquiry (COI) has recommended.
Roberts is among several persons, including protestors, who were injured during the protest and for whom compensation packages have been proposed in the final report of the COI, which was charged with making recommendations for compensation where necessary for injury, loss or damage as a consequence of the events of July 18, 2012.
The commission found the police responsible for the deaths of Ron Somerset, 18, Shemroy Bouyea, 24, and Allan Lewis, 46 who were fatally shot when police opened fire and discharged tear smoke in the vicinity of Mackenzie-Wismar Bridge on July 18, 2012, during the first day of what was intended to be a five-day protest over the planned hike in electricity tariffs for the town. A total of $8 million has been recommended as compensation for the relatives of the three men who were fatally shot at the start of the protest.
Compensation for the injured was recommended based on the varying circumstances, including the fact that policeman Assistant Superintendent Patrick Todd knew that in discharging rounds it would ricochet in the crowd. But the commission noted that the awards are a favour rather than a legal obligation.
According to the commission report handed over to president Donald Ramotar last Thursday and seen by Stabroek News, Roberts was waiting on his wife, who works as a cleaner at the Wismar Magistrate’s Court.
“He was under a tent near the Linmine Secretariat when he was shot in his mouth. He lost four teeth as a result. He was admitted to the Mackenzie Hospital where he spent several days. He has been unable to work since. He cannot eat solid food. When he was in the hospital, he had to be fed through a straw. Even now he finds it extremely difficult to eat solid food and would require dentures as he has lost teeth from both the upper and lower jaws,” the report stated. “His case is a very sad one as he would be unable to continue mining,” it added, while noting that the man had lost 20 pounds since the shooting. In the circumstances, it recommended an award of $1.5 million.
‘Blind’
Hugh Stephens, a building contractor who had chaired the meeting on the bridge, was returning to the Wismar side of the bridge, where he lives, he heard gunshots. He felt “a sting” across his right eye and could not see, so he went home. Subsequently, he had an X-ray done which revealed that there was a metal pellet in his eye and that he was blind.
The commission said the doctor who had examined him on October 6, 2012, recommended that he needed to have an operation overseas in order to correct the problem with his right eye.
“Even though he did not return to give evidence as to his loss of earnings and medical expenses so far incurred, we must do our best to award him a sum which seems reasonable bearing in mind that he is presently blind in the right eye and has to seek medical attention abroad. He must have lost some income as he was a building contractor. It must be noted that he ought not to have chaired the meeting as no permission had been granted for the meeting to be held on the bridge,” the report said, while adding that compensation in the sum of $1.5 million was recommended.
Dexter Scotland, a shop owner, was shot in his left nostril and spent 20 days in hospital. He was standing on the eastern side of the bridge among a crowd of people when he was shot. “A CT Scan revealed that there are two small pellets in the floor of the nasal spectrum. He cannot eat properly nor open his mouth to laugh. He feels cramps in his face at regular intervals,” the report said. He was awarded $350,000.
Aliesha Barker, who was not part of the protest but had gone in search of her son, suffered injuries to both legs and a pellet was removed from her left leg. She was awarded $280,000 as most of the expenses incurred related to her medical treatment.
Reuben Bowen was shot in the left leg and was a vendor in the interior. “Even though the Surgeon, Dr Joseph, who examined him quite recently, was of the opinion that Reuben would be unable to work for another year, we are of the opinion, having observed him, that he is quite capable of doing some sort of work. He should not fold his hands and do nothing. He was one of the several persons who inflated their loss and was part of the protest,” the report said. The commission recommended compensation in the sum of $390,000 “part of which is for travelling expenses, and pain and suffering” while noting that he was part of the protest and is capable of doing some sort of work.
Ulric Cameron, the commission noted, worked at a tyre shop on the Mackenzie side of the river and was on his way home on the Wismar side of the river when he found that the bridge was blocked by protestors. He remained standing in the area of a tent which was near to the Linmine Secretariat when he was shot. He received injuries to the chest and on the left side of his back. He was admitted to Mackenzie Hospital, where he spent several days after which he was transferred to the Georgetown Public Hospital where he remained until August 3, 2012. Two pellets were extracted from his chest but two remained there. He did not incur any travelling expenses except $3,000 to return from Georgetown Public Hospital to his home. He did incur certain medical and other expenses. He did not work for four months, the report said. The commission awarded him $400,000 as reasonable and stated that he attempted to mislead them as it relates to his earnings. However, the report noted that his injuries seemed serious.
Mortimer Cornel, who is self employed and operated a car wash and does some farming, was crossing the bridge from the Wismar side when he was shot and received injuries to his left arm, left wrist, abdomen and left leg. “This witness impressed us as a truthful witness. He said his total loss including loss of earnings is $155,000,” the report said and awarded him $200,000.
The other persons recommended to receive compensation were awarded sums less than $200,000. Among them was Hector Solomon, who was shot to his upper left chest. “He said he has been unable to work since, which we do not believe. We were not convinced about his evidence.
‘Absurd’
As it relates to loss of property, the report said that the recommended compensation is also a favour.
It noted that from the evidence, it can be concluded that the Linmine Secretariat Building and its contents were set on fire by the protestors. “The difficulty however is whether or not we can make a recommendation for the payment of compensation under this Head. The Secretariat is the property of the National Industrial and Commercial Investments Limited (NICIL) which, according to Mr Winston Brassington, the Executive Director, is fully owned by the Government of Guyana, the only shareholder… We cannot see how we can make a recommendation for the Government of Guyana to pay itself. This would be absurd. Accordingly the payment of compensation is not recommended,” it said.
For the PPP/C building and its contents, $2,507,000 was sought as compensation. While the commission said the building and its contents were clearly set on fire by the protestors, it stated that the amount cannot be awarded and it recommended an award of $400,000.
Meanwhile, Narindra Latchman lost a lorry, an excavator, a pressure pump and a quantity of tools, which were set on fire by the protestors. The total cost given by Latchman was $14,200,000. But the commission awarded him $3 million “as these items were not new ones and the lorry and the excavator should have been insured.”
Carlton Mohan, whose lorry and a trailer were destroyed as a result of being set on fire by the protestors, had placed a value of $8 million on them. He was awarded $2 million as the commission found that the vehicles should have been insured and they were not new.
Vishnu Singh, whose fuel tanker was set on fire by the protestors, had said that he had imported the vehicle from the United Kingdom some years ago at a cost of $9.2 million. He was awarded $2.5 million, since, like Mohan, the commission felt he ought to have insured his motor vehicle to cover any loss. Three others were awarded varying sums of $200,000 or less.
