Dismissed cop awarded $250,000 compensation with $25,000 costs

FOLLOWING a trial in which dismissed Police Constable Ryle Williams was asking for damages in excess of $100,000 for alleged unlawful dismissal, the plaintiff was denied all the reliefs sought, but was awarded the sum of $250,000 as compensation.

This compensation was granted under Article 153 of the Constitution of Guyana, and it was for violation of his right to personal liberty, guaranteed under Article 139 thereof.
He has also been awarded interest on the compensation granted at the rate of 6% per annum from the time of the filing of the action – December 15th, 2010 — to the date of the judgement; and thereafter at the rate of 4% per annum until fully paid.
Acting Chief Justice Ian Chang, S.C., C.C.H., who granted the compensation, added, “There will be costs to the plaintiff in the sum of $25,000.” It appears that some costs were thrown away by both parties in the course of these proceedings.
In delivering the judgement, the CJ said the charge against the plaintiff was not that he had issued threatening words to the Commissioner of Police, but rather that he had spoken certain words the nature of which amounted to “Conduct to the prejudice of good order or discipline”. It is therefore not fatal that the Commissioner of Police, who was the complainant, did not testify as the hearing.
“This court finds no basis on which it can interfere with the hearing into the disciplinary charge, which culminated in the dismissal of the plaintiff.
“Since the plaintiff was dismissed, rather than discharged by the Commissioner of Police, no issue of the plaintiff’s right to superannuation benefits has arisen.
“This court, however, has difficulty in finding a basis on which the plaintiff could have been arrested at all for a disciplinary offence which did not constitute a criminal offence.
“As such, this court must find that the plaintiff was unlawfuly arrested and incarcerated, albeit he was released on station bail in the sum of $20,000 before the expiry of 72 hours.”

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