A POLICE search of the Eccles, East Bank Demerara (EBD) home of Debbie Tyson and Josephine Tyson—the mother and relative of social media personality Melissa “Melly Mel” Atwell—have led to accusations of constitutional violations, to which the Attorney General’s Chambers has responded sternly. The response came in a letter dated September 20, 2024 penned by Principal Legal Advisor at the Attorney General’s Chambers, Ronetta Sargent.
The AG’s Chambers has firmly rejected allegations of constitutional rights violations during a police search at Lot 86 BB Eccles, the family home of the social media activist on September 17, 2024, asserting that the operation was conducted lawfully based on reasonable suspicion of narcotics offences.
In a letter addressed to Darren Wade, one of the eight attorneys representing the Tysons, Sargent explained that a magistrate at the Diamond/Golden Grove Magistrates’ Court issued a search warrant based on reasonable grounds that an offence under the Narcotics and Psychotropic Substance Control Act had been committed or was being committed.
The AG’s Chambers has categorically denied all allegations of trespass and violation of constitutional rights made against the Guyana Police Force (GPF).
According to the AG Chambers’ statement, the search was conducted under the authority of a legally obtained warrant in connection with suspected narcotics offences.
The Chambers said that the warrant allowed police officers to enter and search the premises at Lot 86 BB Eccles, based on reasonable suspicion. The letter highlighted that the police officers who executed the search warrant acted in strict accordance with both Guyanese law and the Constitution of Guyana.
It emphasised that the search was conducted between 16:00 hours and 16:50 hours on September 17, 2024, and that Debbie Tyson, who identified herself as the main occupant of the premises, was asked by the lead officer whether she was satisfied with the conduct of the officers.
The letter noted that Debbie Tyson responded affirmatively and that most of the search, including this conversation, was recorded on video.
The Attorney General’s Chambers also stressed that an original copy of the search warrant was left with Debbie, as per legal procedures, and that the investigation into the matter is still ongoing.
In response to the allegations made by Wade on behalf of his clients, the Chambers firmly rejected any claims of constitutional breaches or illegal conduct by the police.
“Each and every allegation of violation of the law, the constitutional rights of your clients and breach of the Constitution itself, is strenuously denied and emphatically rejected hereof. Additionally, each and every ulterior, illicit and improper motive which you have ascribed to members of the Guyana Police Force in respect of this matter is similarly denied and rejected”, the letter stated.
Furthermore, the Chambers dismissed claims that the officers involved acted with ulterior motives or improper intent. It was clarified that the police officers did not have prior knowledge of Debbie Tyson’s identity or any personal affiliations at the time of the search. The letter emphasised that such knowledge would have been immaterial to the execution of the law.
The response from the Attorney General’s Chambers made it clear that the police officers were carrying out their statutory duties in line with the Police Act, Cap. 16:01, which mandates them to act without fear or favour.
“The Guyana Police Force will continue to discharge its statutory duties pursuant to the Police Act without fear of favour and in due compliance with the letter and spirit of the Constitution of the Co-operative Republic of Guyana and will not be swayed by the identity, station, or activism of any individual or citizen,” the letter asserted.
In light of Wade’s indication that legal action may be pursued, the Attorney General’s Chambers indicated that any such proceedings would be “stoutly defended.”
The police in a statement said that between 16:10 hours and 17:00 hours on September 17, 2024, a police team led by a gazetted officer, an Assistant Superintendent acting on intelligence received, went to the home of 54-year-old Debbie Tyson, where a search warrant was executed.
“Police searched the house and yard. However, while searches were conducted in the yard, police ranks observed a black plastic bag containing a transparent plastic (zip lock) bag, which had a quantity of suspected cannabis, over the back concrete fence in the alleyway next to some banana trees,” the statement said. Police said the cannabis was thereafter retrieved and taken to the Providence Police Station, where it was weighed and amounted to 27 grammes. Additionally, the suspected cannabis is being processed for fingerprints. Investigations are continuing.