Constitutional Motion claiming, $25M compensation & damages
TORTURED teen Twyon Tomas ,16, has filed Constitutional Motion claiming compensation and damages in excess of $25, 000,000.00 for the contravention of the applicant’s rights as enshrined in articles 40,139, 141and 153 of the Constitution of Guyana.
The teen, a minor, by his mother and friend Shirley Thomas, is seeking constitutional redress from the respondents, – The Attorney General of Guyana, The Commissioner of Police, Sargeant Lall 14526 and Constable Dulai – 19028.
The applicant in his affidavit in support of his motion said that he was tortured by policemen while they were questioning him in relation to a murder about which he knew nothing.
Represented by Mr. Khemraj Ramjattan and Mr. Neil Persram, the applicant is also seeking;
(I) A DECLARATION THAT THE ACTS OF THE Police at Leonora Police Station and Vreed-en-Hoop Police Station, inclusive of the acts of Sargeant Lall and Constable Dulai, in detaining the Applicant , then setting fire to the Applicant’s genitalia, then continuing his detention in oppressive circumstances during the period 27th October , 2009 to 31st October, 2009, in West Demerara , were unlawful and in contravention of the Applicant’s fundamental rights under the Constitution of Guyana.
(II) Compensation and damages in excess of $25, 000,000.00 for the aforesaid contravention of the Applicant’s rights as enshrined in articles 40, 139, 141 and 153 of the Constitution of Guyana.
(III) Exemplary and or aggravated damages for oppressive and authoritarian conduct by the Respondents during the said period of 27th October, 2009 to 31st October, 2009, at West Demerara.
The matter is expected to engage the attention of the Court on March 3, 2010.