…Judge says setting fire to the boy’s genitalia was unlawful
THE boy Twyon Thomas, 14,  had been subjected to violence by the police at Leonora and Vreed-en-Hoop Police Stations during 2009 where, while he was in detention and being questioned about a murder, the cops set fire to the boy’s genitalia.
Thomas, a minor  had by his mother and next friend ,Shirley  Thomas, sued the Respondents –The Attorney General of  Guyana, The Commissioner of  Police, Sergeant Lall  – 14526 and Constable Dulai – 19028  for constitutional redress.
In her judgment yesterday, Justice Roxanne  George said that by virtue of article ‘38 B’ of the Constitution of Guyana, the best interests of the child principle is specifically provided for it states that: –
“The best interest of the child shall be the primary consideration in all judicial  proceedings and decisions and in all matters concerning children,  whether undertaken by public  or private  institutions, administrative authorities or legislative bodies.”
According to her, the court is parens patriae,  the supreme parent of children, and must act in the best interests of children at all times.   While this decision may be applicable to all persons,  adults and children alike,  I am particularly  cognizant  that this case is about the mistreatment of a child while he was in police custody.
The reliefs sought by the applicant were: –
1.     A declaration that  the acts of the police at the Leonora Police  Station and Vreed-en-Hoop Station, Inclusive of  acts by Sergeant 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 to 31st October, 2009, in West Demerara, were unlawful and in  contravention of the applicant’s’ fundamental rights under articles 40, 139, 141 and 153 of the Constitution of Guyana.
2.     Compensation and damages in excess of $25,000,000  for the aforesaid contravention of the applicant’s rights as enshrined in article 40, 139, 141 and 153 of the Constitution of  Guyana.
3.      Exemplary and/or aggravated damages for oppressive and authoritarian conduct by the respondents during the said period  of 27th October to 31st October, 2009 at West Demerara.
Such further or other orders, issuance of such writs, or grant of such directions  as would ensure in the  applicant’s redress for the contravention of his fundamental rights guaranteed under the Constitution of Guyana and more particularly  articles 40, 139, 141 and 153.”
The judge in her judgment went on to state that the  facts of the case as  deposed by the  applicant, Twyon Thomas whereby he alleges that he was beaten and burnt  and suffered severe injuries at the hands of serving members of the Guyana Police Force in whose custody he was placed as a person detained,  make for a horrific tale of anguish which no person, moreso a child, should  ever had to endure.  “His account of what happened to him, which I will set  out in some detail, reads like a  horror story,” the judge told the court.
In her summary of Orders, the judge said:
“It is hereby declared that the first-named  respondent has  violated the fundamental rights of the Applicant guaranteed by articles  129 and 141, not only in relation to the acts and omissions of the third and fourth named  respondents,  Lall and  Dulai, but also in relation to other members  of the Guyana  Police Force, some of whom  were referred to  in Thomas’s affidavit, though not all by name  who did  little or nothing  to address his plight, and in relation to the attending  physician, identified by Mr. Persaud as the Police Surgeon , Dr.  Mahendra K. Chand, who compounded the violations by what I consider to be a lack of sensitivity and professionalism.
“It is also hereby specifically  declared that  the third and fourth named respondent violated the fundamental rights of the   applicant guaranteed by articles 139 and 141 of the Constitution of Guyana.
As  against the first, third and  fourth respondents, the applicant is awarded the total sum of $6, 500, 000 in damages for the violations of his fundamental rights pursuant to articles 139 and 141 of the Constitution of Guyana.
“Judgment accordingly with costs to the applicant to be borne by the first respondent in the sum of $100, 000.   Costs to the applicant as against the third and fourth named respondents in the sum of $75,000 each. No order as to  costs in favour of the  second named  respondent as against  the applicant.
At the hearing Mr.  Khemraj Ramjattan appeared for the applicant while Mr.  Naresh Harnanan, Deputy Solicitor General, represented the respondents.