–AG Nandlall apologises for ‘unfortunate incident’

WHILE noting that her arrest by ranks of the Special Organised Crime Unit (SOCU) was unfortunate, Attorney-General and Minister of Legal Affairs Anil Nandlall, S.C., on Friday issued an apology to Attorney-at-Law Tamieka Clarke.

Clarke was detained after she advised her client not to sign a pre-prepared statement, and to remain silent. The actions of SOCU have been strongly condemned by many in the legal fraternity, including the Bar Association of Guyana and the Guyana Association of Women Lawyers (GAWL).

The AG, in a video posted on his Facebook page, said that after hearing that the legal officer was held by SOCU, he, as “a constitutional legal adviser to the police force” immediately intervened to have her released.

According to Nandlall, he advised SOCU’s head, Fizal Karimbaskh, and the officer who was conducting the said investigation to release Clarke immediately.

“I spoke with Miss Clarke, and I informed her of my intervention and my advice, and I offered my apologies for the unfortunate incident,” Nandlall said.

The Police Office of Professional Responsibility has since been instructed to investigate the incident.

A press conference was subsequently held by Attorney-at-Law Nigel Hughes and other members of Clarke’s legal team.

The young attorney told reporters that she will be filing a lawsuit against the SOCU for her unlawful arrest.

The former State Prosecutor said she was detained for over an hour by the SOCU officers for “obstructing the course of justice” because she told her client of his right to remain silent. Her client was under investigation for computer-related fraud.

Clarke said that while at SOCU, the officers wanted her client to sign a prepared statement, and she advised him against doing so, since it was not prepared in his presence.

“He told the officer that he is going with the advice of his attorney, and he will not be signing any statement,” Clarke said. She explained that while inquiring if her client was free to leave, an officer accused her of preventing her client from giving the statement.

The attorney said she was arrested for obstruction and placed in a room by a male officer. While in the room, her cell-phone was taken away, along with her watch.

“I tried to leave. I got up and I was walking out. [A SOCU officer] ran and blocked the door. The officer who arrested me stood by the door… I didn’t say anything. I remained silent until my attorneys came,” Clarke said as she reflected on the ordeal.

While speaking at the press conference, Hughes said that the lawsuit will set precedence to ensure that lawyers’ rights are protected.

“This is not a PPP, PNC, AFC or anybody else’s issue. This is an issue where every attorney in this country, including the Attorney-General, when he is in private practice, is entitled to go to the station and advise their client that they have the right to remain silent if they’re the suspect,” Hughes said.

Meanwhile, the Guyana Bar Association (GBA), in a statement, said that the Rule of Law and the fundamental right to Counsel are stated to be hallmarks of a democratic society.

The association said that the actions of SOCU towards Clarke, sought to destroy these foundations of democracy.

“The Bar Association unreservedly and unequivocally condemns the actions of the Guyana Police Force. Such action is disturbing, perverse, unlawful, oppressive and wholly unacceptable,” the release said.

The Association also called upon the Commissioner of Police to issue an apology, and to compensate Clarke for her unlawful imprisonment. The body also asked for a full investigation to be launched into the attorney’s treatment, and “disciplinary action, including termination of any officer(s) who were aware of and allowed this type conduct.”

The release added: “The Bar Association, inclusive of its Criminal Bar Committee, do not take this matter lightly and will take all necessary steps to ensure that our members can exercise their professional duties without intimidation and that the Rule of Law is upheld.”

The Women Lawyers Association in its statement said it “vehemently condemns” the arrest of the attorney.

“SOCU by their actions intimidated Ms. Clarke and prevented her from executing her duties to her client. At no time should an Attorney-at-Law be fearful of executing his/her duties”, the statement said while adding that an attorney has the legal right and responsibility to offer legal counsel to their client.

“One such responsibility is to remind the client that he/she cannot be compelled to give evidence in a criminal matter, which is enshrined in Article 144(7) of the Constitution of Co-operative Republic of Guyana. The Attorney-at-Law advising her client that he has a right to remain silent during an interview is not outside of the scope of the law”, it said.

Like the Bar Association, the GAWL called on the Commissioner of Police to issue an apology and cause an investigation to be promptly conducted into the actions of SOCU.

Meanwhile, attorneys across Guyana in showing their solidarity added the hashtag #IStandWithTamieka in social media posts.

Attorney-at-law, Dexter Smartt in his post said, “As defence attorneys, we never take for granted accusations made by our clients about their treatment while in police custody or the manner in which they were taken into custody. However, what happened today should leave you to question, if this is how an attorney-at-law can be treated by the police, an attorney who has been practicing for over seven years, four of which was on behalf of the State, then what treatment would befall the common citizen who does not give the police the information they demand. Even more worrying is the fact that she was warned that if her client doesn’t give the statement she will be arrested and also the fact that the statement was prepared by the officers in advance of the visit of counsel with her client,” he said.