FORMER policeman, Colin Bailey, who spent over five years behind bars on a murder charge, despite the lack of evidence against him, has lost the $100 million lawsuit he filed against the State.

High Court Judge, Nareswhar Harnanand, last Friday, dismissed Bailey’s action against the Attorney General and Minister of Legal Affairs, and the Director of Public Prosecutions (DPP), for unlawful imprisonment, malicious prosecution and the breach of his fundamental right.

The lawsuit was filed on behalf of Bailey by his attorneys, Nigel Hughes, Ronald Daniels and Konyo Sandiford.

The orders primarily sought declarations that Bailey’s constitutional rights were breached and damages for those breaches.

Back in July 2021, Bailey had filed a Fixed Date Application (FDA) before Justice Damone Younge, for a declaration that his right to a fair hearing within a reasonable time as guaranteed was infringed by the State. However, Justice Younge found that there was no such breach.

The State, in summary, strongly denied the infringement of any constitutional rights and contended that the claimant was seeking the same reliefs he sought in the previous application and was attempting to mask this fact by itemizing at what stages the alleged breaches occurred.

It was strongly advanced that the claimant sought to relitigate matters that were already heard and determined on their merit by Justice Younge.

Justice Harnanand found that Bailey was misusing or abusing the process of the court by bringing up issues that should reasonably have been brought in the earlier proceedings.

Justice Harnanand ruled that the action brought was “res-judicata” and there was nothing barring the claimant from putting all the facts in the previous case which was determined by Justice Younge.

Bailey’s statement of claim was dismissed and $150,000 in cost was awarded to the State.

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. A preliminary inquiry in the Georgetown Magistrates’ Court determined 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 in his High Court trial, 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.

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, had confessed to the crime and was sentenced to 21 years in prison by Justice 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.