— awards Attorney-General costs in sum of $200,000

ON Thursday, the Full Court of Demerara dismissed Magistrate Tameika Clarke’s attempt to challenge a decision by Chief Justice (ag) Roxane George, S.C., who had awarded her damages and costs totalling nearly $1 million for the breach of her fundamental right to liberty.

Late last year, Clarke, who was an attorney-at-law in private practice at the time, had appealed the Chief Justice’s November 17, 2023 decision, which ordered the Attorney- General to pay her $700,000 in damages, and $250,000 in costs for the contravention.

Clarke was detained for less than an hour by Special Organised Crime Unit (SOCU) officers on October 28, 2022, at SOCU’s Headquarters on Camp Street, Georgetown, while she was there accompanying a client.

She had filed a Fixed Date Application (FDA), suing the Attorney-General for breaching her fundamental right to liberty pursuant to Article 139 of the Constitution of Guyana, and sought declaratory orders and damages relating to her detention.

At the time of the incident, Attorney-General Anil Nandlall, S.C., had issued a public apology, and made several offers to settle the matter out of court, in an effort to avoid protracted litigation. However, these were rejected by Clarke.

The matter came up for hearing on June 12, 2023 before the Chief Justice, and Nandlall conceded liability on the part of the State, leaving only the question of compensation to be determined.
Then, on November 17, 2023, following submissions by both parties, Justice George determined the issue, and ordered that an apology be made by the SOCU rank to Clarke, and awarded to Clarke $700,000 as damages and costs of $250,000.

In the Full Court, on Thursday, Nandlall objected to the jurisdiction of the Full Court to hear the appeal, arguing that the appeal should have been filed in the Court of Appeal.
His argument was that the matter related to a final decision of the High Court in the exercise of its jurisdiction on matters of enforcement of fundamental rights and freedoms.

After hearing submissions from both sides, the Full Court upheld the Attorney General’s jurisdictional objection ruling that the appeal should have been directed to the Court of Appeal.
The Full Court also awarded the Attorney General costs of $200,000. Clarke was sworn in as a Magistrate in February of this year. Before the Full Court, the Attorney General appeared in person, leading State lawyers, Shoshanna Lall, Laurel Dundas, Aruna Budhram, and Ismat Bacchus. Clarke was represented by Attorneys-at-Law Nigel Hughes and Shawn Shewram.