GRA gets $4M lawsuit for wrongful arrest, false imprisonment
The Guyana Revenue Authority (GRA) Headquarters on Camp Street, Georgetown
The Guyana Revenue Authority (GRA) Headquarters on Camp Street, Georgetown

THE Guyana Revenue Authority (GRA) has been “slapped” with a $4M lawsuit by Robbie Outar for wrongful arrest by its agents and false imprisonment after he was kept in custody for more than 61 hours.

The application was filed by Outar’s attorneys Anil Nandlall, Manoj Narayan, Sasha Mahadeo-Narayan, Rajendra Jaigobin, and Anuradha Deodasingh and listed GRA, a statutory body corporate established under Section Nine of the Revenue Authority Act, Chapter 79:04 as the defendant in the matter.

In a statement of claim, Outar is asking the court to grant him in excess of four million dollars ($4,000,000) for wrongful arrest and false imprisonment.

He is also asking that the interest on all sums awarded under Section 12 of the Law Reform (Miscellaneous Provisions) Act Chap 6:02, at the rate of six percent (6%) per annum from the date of filing, to the date of judgment and thereafter at the rate of four percent (4%) per annum until fully paid.

Additionally, the claimant is seeking aggravated damages and exemplary damages caused to him by GRA and its officers.

Outar is a person of full age and is the father of a two-month-old baby. He lives at Annandale, East Coast Demerara.

In his statement of claim, Outar explained that on December 31, 2019, around 3am, he was driving a 2008 White Toyota Premio motor vehicle with licence plate PVV 9493 in a westerly direction on the southern side of the Mahaica Public Road, Mahaica, East Coast Demerara, Guyana.

The motorcar belonged to his friend Gavin Boodwah, who loaned him the motor car to transport another friend to Corentyne, Berbice.

While Outar was driving along the Mahaica Public Road, in the vicinity of Drill Turn, Mahaica, he was overtaken by an older model Toyota Premio motor vehicle, which was proceeding west at a fast rate of speed.
Simultaneously, Outar observed a Silver Toyota Fielder wagon which was also proceeding in the same direction behind him.

As a result, Outar pulled over and parked off the Public Road. After five minutes he observed a tinted, black Toyota Hilux motor vehicle with licence plate number PYY 3800, without any insignia pull up and park alongside his motor car.

Five men dressed in bulletproof vests and armed with rifles exited the Toyota Hilux and surrounded Outar’s vehicle while pointing their guns at him.

The claimant immediately became fearful for his life as he felt he was about to be robbed.
Thereafter, one of the men named Seaforth rapped on the driver’s side window and directed Outar to exit the said motor vehicle; an order with which he complied.
Outar was also directed by one of the men to lie face down on the ground; again he complied. He was immediately handcuffed by one of the men who told the claimant that he was under arrest.

Another man stood over the Outar’s body while pressing his foot into his back.

Thereafter, one of the two men searched his vehicle but came up empty-handed.

The claimant then asked the men why he was under arrest, to which Seaforth responded by telling the claimant “in the morning you will see the big boss.”
Outar was then placed in the backseat of the motor vehicle next to one of the men and was taken to the Mahaicony Police Station.
During his time in the vehicle, Outar kept enquiring why he was under arrest, but the men ignored him.

Upon his arrival at the police station, he was taken into a cell and his handcuffs were then removed. Outar claimed that when he again enquired why he was under arrest, Seaforth told him “in the morning you will see the big boss.”

At approximately 8am the said day, Outar was taken out of the cell and to Eccles, East Bank Demerara in the white Toyota Premio motor with which he was intercepted.
During the journey, one of the men asked the claimant whether he knew the driver of a yellow motor vehicle which drove in front of the said motor vehicle. He replied in a negative.

After arriving at Eccles, the vehicle trunk, the engine, and interior were searched again, but the men did not find anything unlawful or illegal in the said motor vehicle.

The claimant was then asked to sign a document lodging the said motor vehicle and while handcuffed, he was placed in a red Toyota Rav4 and taken to the GRA headquarters located and situated at Lot 200-201 Camp Street, Georgetown, Guyana.
“After arriving at the defendant’s headquarters at approximately 12 p.m., the claimant was removed from the motor vehicle and taken to the third floor of the said building while handcuffed. While walking from the red Rav4 to the third floor of the defendant’s headquarters, the claimant passed approximately one hundred (100) persons who stared at the claimant and the handcuffs around his hands.” the document stated.
This caused Outar to feel embarrassed as he was being taken to the third floor.

“It was at this point in time that the claimant realised that the men who arrested him were employees of the defendant. Thereafter, one of the men asked the claimant where the owner of the said motor vehicle was, and the claimant responded that he did not know where the owner was, the document reads.

At approximately 3p.m. that day, Outar was placed in a 212 Toyota motor vehicle and was taken to Vigilance Police Station. He was not offered food, though being in custody for more than 12 hours.

During the journey from Georgetown to Vigilance, Outar again enquired why he was under arrest, again the men did not reply to him.
After arriving at the Vigilance Police Station, Outar was placed in a cell with other prisoners. The condition of the cell was deplorable and smelt of faeces and urine.

On January 2, 2020, at approximately 4:30p.m., Outar was released after posting one hundred thousand dollars ($100,000) station bail and was ordered to return to the GRA headquarters the next day.

The claimant was therefore wrongly arrested and falsely imprisoned for more than sixty-one (61) hours.
On January 3, 2020, at approximately 11a.m., Outar visited the GRA headquarters where he was interrogated by GRA agents.
Thereafter, Omadat Persaud, an agent, told Outar, “don’t make me come over there and deal with you.”
The claimant responded by asking Omadat Persaud why he was arrested.
Persaud refused to inform Outar why he was arrested and instead told him, “you don’t speed on that” and “you could go but let the owner come for the vehicle.”
At no point in time whatsoever from December 31, 2019, to January 3, 2020, were statements or fingerprints taken from Outar or was an allegation put to him.

To date, Outar has not been charged with any offence known to the laws of Guyana.
During the period of his incarceration, Outar suffered mental trauma as he was detained without cause and he constantly worried about his young daughter.

In the circumstances, he is seeking the orders sought in the Statement of Claim filed.

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