THE private criminal charges which were brought against three ranks of the Special Organised Crime Unit (SOCU) by Attorney-at-law Tamieka Clarke were, on Wednesday, discontinued by the Director of Public Prosecutions (DPP), Shalimar Ali-Hack.

On October 28, 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.

Her cell phone was also taken away by the officers.

SOCU agents, Superintendent Krishnadat Ramana, Sergeant Navranda Persaud and Sergeant Winston Singh had charges instituted against them by Clarke’s attorney, Nigel Hughes.

On December 12, 2022, the DPP, by way of a letter to City Magistrate Annette Singh, who presided over the case, said that the matters were being discontinued.

“In exercise of the powers conferred on me by article 187 (1) (c) of the Constitution of the Cooperative Republic of Guyana, I hereby discontinue the charges in the above matters,”

She then proceeded to provide her reasons for the discontinuance of the two charges.

“I have read the statement of Tamieka Clarke. It was included in the file in relation to the investigations done by the police. I also received a copy from Attorney-at-law, Mr. Nigel Hughes. I have considered it and found that the issues of Wrongful Arrest and False Imprisonment arise. These are issues of Tort and Constitutional breaches which are civil action,” the letter read.

Clarke has also commenced legal proceedings against the State seeking over $300,000 for wrongful arrest, false imprisonment and breach of fundamental rights and freedoms.

Clarke is seeking several reliefs from the High Court along with damages. Her legal team is arguing that her fundamental right to personal liberty was breached when SOCU arrested her for executing her job as an attorney.

Additionally, Clarke is asking the court to declare that SOCU’s seizure of her cell phone was unlawful.

The DPP noted that the issues raised by Clarke in her criminal charges will be addressed in the civil action.

Additionally, the DPP stressed that the allegations made against the three officers, who are all serving members of the Guyana Police Force, were for acts done in the course of their duties.

As such the three SOCU officers are protected by virtue of Section 14 of the Justice Protection Act Chapter 5:07.

Further, they are charged under the Kidnapping Act Chapter 10:05. The intent and purpose of the Act are to provide for the punishment for the offences of abduction, wrongful restraint and confinement for ransom and other related offences and for matters incidental thereto.

“It is my considered opinion that the facts alleged by Tamieka Clarke at their highest, do not fall within the scope, purport and intendment of the Kidnapping Act; therefore, the charges filed under this Act is an abuse of process,” the release said.

In those circumstances, the DPP decided that she should discontinue the two private criminal charges filed by Clarke