FORMER policeman, Colin Bailey, who had spent over five years behind bars on a murder charge, despite the lack of evidence against him, has filed a $100M lawsuit against the State for unlawful imprisonment, malicious prosecution and the breach of his fundamental right.

The lawsuit was filed at the Demerara High Court on behalf of Bailey by his attorneys, Nigel Hughes, Ronald Daniels and Konyo Sandiford.  The Attorney General and Minister of Legal Affairs Anil Nandlall, S.C, and the Director of Public Prosecutions (DPP), Shalimar Ali- Hack were named as respondents in Bailey’s Statement of Claim.

Bailey was charged for allegedly killing his partner of 21 years, Sirmattie Ramnaress, in 2013. He was charged for the capital offence three years after the crime was committed, and after a preliminary inquiry in the Georgetown Magistrates’ Court, it was found that there was “sufficient” evidence against him to face a judge and jury. Because of the type of offence, he could not be granted bail and had to remain incarcerated until his trial. He was committed to stand trial on November 22, 2016.

On October 13, 2021, as the three final witnesses were preparing to give evidence, state prosecutor Sarah Martin was asked by Justice Jo-Ann Barlow if their testimonies would tie Bailey to the crime. In response, she conceded that there was no evidence linking him to the crime. Hughes then made a submission for the charge to be dismissed.

The judge later remarked that no charge should be instituted against someone when there is no evidence to properly prosecute him or her. She expressed her dissatisfaction with the DPP for wasting judicial time.

This being the case, the lawyers, as directed by Bailey, is suing the state for damages in excess of $100M for his wrongful arrest and subsequent detention of a period in excess of five and a half years in contravention of his fundamental right not to be deprived of his personal liberty pursuant to Article 139 of the Constitution of the Co-operative Republic of Guyana.

He is also seeking damages in excess of $100,000 for wrongful preferment of the charge of murder against him when there was no basis for so doing.  Among other things, he is seeking damages in excess of $100,000 for breach of the orders of the Honourable Justices Sandil Kissoon and Navindra Singh directing the AG and DPP to present the indictment against him within specified times set out in the orders and of directions of the aforementioned Judges.

Further, Bailey is seeking $100,000 in damages for the malicious prosecution against him by the presentation of the murder indictment and the subsequent prosecution of the case by the DPP.

Among other things, Bailey is also seeking a declaration that his arrest and detention by members of the Guyana Police Force on February 24, 2016, was without lawful justification and/or a contravention of his fundamental right not to be deprived of his personal liberty as guaranteed by Article 40 and 139 of the Constitution.

He is also seeking a declaration that the decision by the DPP to institute a criminal charge against him for the offence of murder was an abuse of power, arbitrary and ultra vires.

Lastly, the former cop is asking the court to grant a declaration that his detention at the Lusignan Prison in circumstances which failed to provide the establishment of basic medical facilities to prevent the spread of COVID-19 was inhumane and degrading in contravention of his guaranteed right to protection and proper treatment as guaranteed by the Constitution of Guyana.

Bailey, in the particulars for loss and damages is claiming that, while behind bars, his loss of income for sixty-seven months amounted to $8,040.000.

On October 18, Bailey, during a press conference held several days after he was freed, said, “My life was totally devastated. I believe that the system has failed me miserably and this is not only happening now.”

Among other things, he disclosed that while incarcerated, he suffered a minor heart attack and also contracted the deadly coronavirus.

While chronicling the day he was placed before the court and remanded to the Camp Street Prison for allegedly killing his partner, Bailey said, he remembered walking through the prison doors and being confronted by other inmates, several of whom he had arrested and placed behind bars.

Bailey said he also remembered the day of the 2017 prison riots when he was also attacked but was later saved by a prison officer. He was subsequently transferred to the Lusignan Prison where he stayed for some time. Following the 2020 fire, he was taken to the Timehri Prison and remained there until his trial came up in the High Court.

“Prison itself is a story people won’t understand…. People think that everyone in prison has done something wrong,” Bailey said, as he explained that there are many innocent people like himself behind bars.

He also recounted the inhuman treatment and hardships he faced while on remand and the emotional scars associated with being moved from prison to prison.

The Guyana Chronicle had reported that Ramnaress was found dead on the morning of August 31, 2013, with a stab wound and injuries to her head and body, in the garage of her Diamond, East Bank Demerara home.

While petrol had been thrown all over her house, it was the bond at the back of the yard that was set alight and destroyed. The police suspected that Bailey was involved in her death. However, he had told police investigators that, at the time of his wife’s demise, he was on active duty and therefore had a solid alibi.

Bailey’s former co-accused, Colin Grant, has confessed to the crime and was sentenced to 21 years’ imprisonment by Justice Jo-Ann Barlow.

Grant, however, said he was only the lookout man and the mastermind behind the crime was his friend, Paul Bascom, who was killed during a police shootout in December 2013.