The Bar Association of Guyana yesterday issued a stinging reply to Attorney General and Minister of Legal Affairs Anil Nandlall after he contended that there may be a “hidden agenda” for the Association’s protest outside of the Guyana Police Force’s Special Organised Crime Unit (SOCU) headquarters on Friday over the recent arrest of an attorney.
On Friday, just over 50 lawyers picketed SOUC’s Camp Street Headquarters calling for immediate action against the officers that arrested attorney-at-law Tamieka Clarke on October 28. Clarke was arrested after she advised her client to remain silent and not provide SOCU with a statement. The pro-test was led by the President of the Bar Association of Guyana Pauline Chase.
Following the protest, Nandlall sought to question the motive of the protest and said that he thought the issue was “water under the bridge” given his initial intervention.
“So I thought that this was water under the bridge. But obviously, there is an aggressive agenda being pursued and I am not sure to what end,” Nandlall said on Friday.
Yesterday, the Bar Asso-ciation said that it notes the comments from Nandall, which were released during or immediately after the protest.
“The comments emanating from the Hon. Attorney General demonstrate a lack of awareness of the endemic and systemic abuse of power, disrespect and disregard for the fundamentals of the Rule of Law displayed by members of the Guyana Police Force in their interaction with members of the public and legal profession. It might just be that as Attorney-General, many of these police practices and actions must have been hidden from him, as opposed to the Bar Association having a hidden agenda. As more and more of these practices not only towards members of the Bar but to the general public come to light, we trust that the veil which separates the actions of the organs of the state from the advisors of the state is pierced and eventually lifted.
“The Hon. Attorney General in improperly ascribing a “hidden agenda” in the protest of the Bar Association, seeks to conflate the separate issues of the private action being pursued by Ms Clarke and the wider issue of the Bar Association of the break-down in the Rule of Law through the actions and attitude of the Guyana Police Force towards Attorneys-at-Law and the public at large,” the Bar Association said in a statement.
The statement further related that the arrest of an Attorney-at-Law in Guyana in the execution of her professional duties is unprecedented and a frightening development. The Association also said that the move rightfully received widespread concern and condemnation locally, regionally and internationally.
“In the circumstances, we wholly reject any allegation or insinuation that the Bar Association has any agenda other than the upholding of the Rule of Law as our constitution mandates us to do. It is not ‘water under the bridge’ unless and until the appropriate remedial action is taken,” the statement added.
Following the incident, the Bar Association called on the Commissioner of Police to forthwith issue an apology to Clarke; compensate her for her unlawful imprisonment; launch a full investigation into the matter with such necessary disciplinary action enforced swiftly including charges being laid against the offending officer(s), there being no lawful grounds for the arrest; and disciplinary action including termination of any officer(s) who were aware of and allowed this type conduct.
Commissioner of Police Clifton Hicken has remained silent and the Police’s Office of Professional Responsibility (OPR) has been instructed to launch an investigation into the incident.
Clarke, though her lawyers, has already initiated legal proceedings against the state. She is seeking a number of reliefs from the court including damages for her unlawful detention.
