A West Bank Demerara businessman has filed a $1.5M lawsuit against the State after the police broke into his home to conduct a search.
In court documents filed by attorney at law Anil Nandall on behalf of Roymond Prepont, the court is being asked to grant several declarations in addition to awarding damages.
The Attorney General of Guyana was listed as the respondent.
The court is being asked to grant a declaration that the search of Prepont’s property located at Lot 491 Recht-door-Zee, Parfait Harmonie Housing Scheme without his consent on June 7 was in breach of his fundamental rights and freedom.
The court is also being asked for a declaration that the entry by agents, servants and/or officers of the State onto the Applicant’s property, without his consent, on the 7th day of June, 2016, is unlawful, and in contravention of the Applicant’s fundamental right and freedom of protection against arbitrary entry as is guaranteed to him by Article 143 of the Constitution of Guyana;
The court is also being asked for a Declaration that the seizure and detention of $265,000 belonging to Prepont is unlawful and in contravention of the Applicant’s fundamental right not to be deprived of property as is guaranteed to him by Article 142 of the Constitution of Guyana. The money was in the home at the time it was seized.
According to the documents, Prepont is asking the court for damages in excess of $1M for breach of his fundamental right and freedom against arbitrary search and entry; the protection of which is guaranteed to him by Article 143 of the Constitution of Guyana and damages in excess of 500,000 for breach of his fundamental right and freedom to protection against deprivation of property.
According to the affidavit in support of the motion, around 7 pm while in Linden conducting business, his 17-year-old daughter who he resides with called him to say that “police officers had broken into my home”.
Prepont said that he immediately travelled home where he observed that spikes and lights on the concrete fence were damaged. He said that he contacted his neighbours who informed him that around 5 pm that day a group of policemen visited and broke it. He said that his neighbour informed that some were dressed in uniform while the others were clad in plain clothes.
Pespont opined that it was while climbing the fence that the spikes and lights were broken. He said that once inside the yard, the policemen broke the padlock on the gate to allow the other officers to gain entry into the yard. He said that based on the accounts of the neighbours, the policemen climbed onto the roof of his mini bus which was parked in the yard and then onto the veranda.
According to the documents, the officers then used a window on the veranda to gain entry into the house where they spent approximately 20 minutes. The businessman stated that during this time no one was present in the house. Efforts to open the doors to the house he said were unsuccessful.
Prepont said that the teen along with his son visited the La Grange Police Station to report the incident but the police “refused” to permit same to be done.
The man said that the following day (June 8) he visited the Leonora Police Station but was directed to the one at La Grange. At the latter station, it was stated that Prepont spoke to “Mr. Harisawat” the station sergeant who informed that approximately five or six policemen had broken into the yard after receiving an anonymous tip that a female was screaming in the house. He said that having indicated that he was the owner of the property, he told the police officer that no one was present at the time. After a visit to the station’s Criminal Investigation Depart-ment (CID) detectives accompanied him to his home. Shortly after, a group of officers from the La Grange station arrived. He said that the group of ranks entered his home the same way the others did the previous day and later opened the door.
The businessman said that he first noticed that clothes were taken from the bedroom and tossed in the walkway. He later discovered that money hidden in a clothes basket in his daughter’s room was missing. He said that he also observed that the bedrooms were in disarray with furniture and other items “tossed about in a haphazard manner”.
Photographs and fingerprints of/from the scene along with statements from the neighbours were taken.
According to Prepont, as a result of the actions of the police eight spikes on the fence, two lights on the fence and a padlock on the gate were damaged; the replacement cost being $15,000, $16,000 and $1800.
The matter is fixed for hearing before the Constitutional Court on 21 July, 2016.
