ACTING Chief Justice, Mr. Ian Chang, S.C. yesterday fixed for October 8 the date of hearing of the motion brought by Shaka Chase when the applicant, who is alleging that he was tortured, and the respondent will be cross-examined on their affidavits.

The applicant is seeking the following orders:-
(a) A declaration that he was subjected to torture and/or inhuman and/or degrading treatment by officers of the Guyana Police Force on May 16, 2013 while in the custody of the Guyana Police Force, in breach of his fundamental guaranteed protected constitutional right as set out in Article 141 of the Constitution of the Cooperative Republic of Guyana.

(b) Damages in excess of $100,000 for breach of the plaintiff’s constitutional right to protection against inhumane treatment meted out to him on May 16, 2013.

Exemplary Damages

(a) Damages in excess of $100,000 for assault.
(b) A declaration that the arrest, detention, and subsequent institution of the charge of murder against the applicant was a breach of his protected constitutional right, as guaranteed in Article 139 of the Constitution of the Cooperative Republic of Guyana, not to be deprived of his personal liberty.

(c) Such further order as may seem just to the Honourable Court.

The Grounds for the Motion are:-
On April 27, 2013, the plaintiff herein voluntarily attended the East La Penitence Police Station Outpost, after receiving information that his name was mentioned as a potential assailant who was involved in the fatal shooting of a police officer.

The applicant was arrested by officers of the Guyana Police Force, and detained for three days, during which period he was questioned about his location at the time of the fatal shooting of the police officer.

The applicant provided the officers of the Guyana Police Force with detailed information of his whereabouts at the time of the said shooting.

That on May 16, 2013, the plaintiff was re-arrested and taken by Police officers Melville and Narine, accompanied by two other officers, for questioning at Eve Leary Police Station.

It is said that on May 19, 2013, the applicant’s attorney-at-law provided copies of the applicant’s alibi statements to the Director of Public Prosecutions.
Despite submission of the said statements, and without consideration and/or investigation of the contents of the said statements, the Guyana Police Force instituted a charge of murder against the applicant, on April 20, 2013.

When the matter came up for hearing yesterday, a decision was made for it to be postponed to October 8, when the applicant and the respondent would be cross-examined on their affidavits.