…High Court grants judgement in favour of mother in 2012 fish shop killing

Justice Sandil Kissoon on Monday afternoon granted Donna Sulker, mother of Dameon Belgrave, millions in her case brought against the State for the death of her son.

On October 5th, 2012 Belgrave was shot and killed by members of the Guyana Police Force namely: Sheldon Williams and Errol Williams, while acting in their official capacities, in the vicinity of the fish shop on Hadfield Street, Georgetown.

The police were in hot pursuit of the occupants of motor car PGG 3506 during the evening of the said day, and challenged the occupants of the said car after it was observed that they were attempting to evade the police as the patrol approached. A chase ensued around the streets of Georgetown and the motor car, PGG 3506, eventually stopped in Hadfield Street and five men exited the vehicle.

During efforts to arrest them, rounds were discharged and it was later learnt that Belgrave, of Middle Street, Pouderoyen, West Bank Demerara, who was standing on the roadway in the vicinity of the White Castle Fish Shop, had been shot to his left side. He was pronounced dead on arrival at the Georgetown Public Hospital. He died from shock and haemorrhage, as a result of a bullet which entered and exited his body.

The young man would have celebrated his 22nd birthday the day after the incident. He was having a pre-birthday drink when he was killed. His mother, who was represented by Attorney Nigel Hughes, filed proceedings at the High Court in August 2014, contending that her son’s life was snuffed out by the reckless behaviour of police ranks.
In the Statement of Claim filed, the plaintiff outlined that the said police ranks were not in any imminent danger at the time of the assault and killing of her son, and there were no lawful circumstances to justify the shooting.

By reason of the matters aforesaid, Belgrave was wrongfully denied of his constitutional right to life as guaranteed by the Constitution of the Cooperative Republic of Guyana.
In the particulars of negligence, the document claimed that the officers discharged live ammunition in public when it was unsafe to so do, and in the interim, failing to see and observe the now deceased on the said road.

The officers also discharged live ammunition where there were no circumstances to justify the discharge of same. By reason of the matters aforesaid, the expectation of life of the deceased was shortened and his mother has hereby suffered loss and damage. In addition funeral expenses have been incurred amounting to $250,000.

Justice Kissoon highlighted that in the trial, the officers denied the allegation of negligence and claimed that they discharged rounds in self-defence. However, the judge said that the evidence points to recklessness and that cannot be denied.

Judge also noted that police officers have a duty to execute care and diligence to protect citizens, and their actions on the night of the incident showcased neither. He pointed out that the young man was the eldest of his mother’s four children and he was a volunteer at Cheddi Jagan Dental School, working diligently to be a valuable addition to society.

In effort to send a “strong statement of condemnation to this act”, Judge ordered that $250,000 in special damages be paid to Sulker for funeral expenses, $15 million for breach and violation of constitutional right to life, one million in general expenses, another $6.7 million for dependency, and law of violation and another amount for interest.

In total, the mother receives in excess of 20 million dollars for loss and damages caused by the negligent killing of her son.