-following second dismissal of ‘baton sodomy’ lawsuit

JUSTICE Navindra Singh, on Tuesday, dismissed the $80M lawsuit that Colwyn Harding had filed against the State for a second time and ordered him to pay costs in the sum of $1M each to Attorney General (AG) Anil Nandlall, S.C., and policeman, Devin Singh. Harding had approached the court seeking damages after being allegedly sodomised with a baton while in police custody. In November 2013, he was detained at the Timehri Police Station on the allegation that he had assaulted a police officer and had resisted arrest.
On February 1, 2021, Justice Singh had first dismissed the case for want of prosecution. He subsequently granted an order recalling the previous order that had been made on the condition that Harding pay $150,000 to both the AG and Constable Singh on or before July 16, 2021.  As these payments remained unpaid up until Tuesday’s hearing, Justice Singh indicated that Harding’s actions stood dismissed, and he later awarded costs to the two respondents. A notice to withdraw and discontinue the claims was filed on July 26, by Harding’s attorney Nigel Hughes, and came up for hearing on Tuesday also. During the hearing, Hughes explained that there have been difficulties contacting his client, and that continuing efforts were made up until July 24.
However, Justice Singh indicated that since his court order was not complied with, the claims already stood dismissed as of the date of non-compliance.  Harding also failed to present himself for the prosection of his claims. The Attorney General’s Chambers was informed by the Administration Department of the Guyana Prison Service that Harding was released on bail in the sum of $70,000 on April 21.

The Attorney General represented himself along with Beverley Bishop-Cheddie, Assistant Solicitor General; Loretta Noel, Senior Legal Advisor and State Counsel Tiffini Barton and Chevy Devonish. In his civil action, Harding had contended that, while in custody, officers pushed a condom-covered baton into his anus, causing him to suffer internal injuries. Constables Singh and Roselle Tilbury-Douglas were fingered in the alleged assault and baton sodomy of Harding and were charged. However, in March 2016 the case against them was dismissed by Magistrate Leron Daly at the Providence Magistrate’s Court due to insufficient evidence. He had claimed that the two constables had beaten him during his detention until he lost consciousness. After regaining consciousness, he had begun to complain of feeling pain and bleeding from his anus. However, doctors had reported that they did not see any signs of sexual abuse to support Harding’s allegations. They noted that they observed the man to be suffering from an intestinal infection and condition. Harding in his High Court action had alleged that he was assaulted and battered by the ranks resulting in his sustaining injuries, and that his fundamental rights were breached as a result of the incident. He contended that a foreign object was inserted into his anus triggering a need for corrective surgery, and that he was repeatedly assaulted while in custody. The State had denied these claims, asserting that the medical evidence did not support Harding’s contention and that any surgical procedures undertaken were as a result of a medical condition he had developed. In the lawsuit, Harding had sought damages in excess of $100,000 and exemplary damages for assault and battery and in excess of $80.4 million in exemplary damages for the breach of his fundamental right.