THE state has filed an appeal against a $22.5 million judgment awarded in an unlawful killing case, citing dissatisfaction with the ruling and its potential implications for future cases.
The judgment stems from the fatal shooting of Quindon Bacchus, a 25-year-old father of one, by a police constable at Haslington, East Coast Demerara (ECD), back in June, 2022. The ruling was made last month by Justice Nigel Niles after the state had accepted liability for the killing.

When asked for an update on whether the state is appealing the decision, Solicitor General Nigel Hawke confirmed during the Ministry of Legal Affairs’ year-end press conference on Saturday that an appeal has been filed with the Court of Appeal of Guyana.
“We felt that the judge went over where he was supposed to go in relation to the evidence. We felt that he did not take into consideration some aspects of the evidence. So, we think that matter is worthy of an appeal. We did accept liability; it’s just the issue of quantum [of damages] we are dealing with,” Hawke explained.

He noted that the state has been ordered to pay a “large amount of compensation,” and as a result, the judge’s decision should be reviewed by a higher court.
Elaborating on why the state did not contest liability, Attorney General and Legal Affairs Minister Anil Nandlall, SC, explained: “We felt that the police officers were wrong, and there was a finding to that effect by the Police Complaints Authority. The Director of Public Prosecutions [recommended] criminal charges against the offending officers.

“Against that backdrop, we felt it would have been wrong for the state to contest liability. So, we went to the judge and we said, ‘Look, the state is wrong. Let us only deal with compensation.’”
Nandlall said that compensation has to be assessed on the basis of what is pleaded. “The judge can’t go outside of that, and we felt that the judge entered the arena and granted reliefs, granted measure of damages that were not before him,” he added.

Citing the doctrine of precedent, the Attorney General explained: “If we are to leave that [decision] on the record, we believe that it would lead to a whole array of wrong decisions. For that reason, we have challenged the legality of the judge’s assessment of the compensation.”
Lance Corporal Kristoff De Nobrega is facing a murder charge in connection with Bacchus’s death, while two of his colleagues, Lance Corporal Thurston Simon and Cadet Officer Dameion McLennon, are charged with wilfully attempting to obstruct the course of justice.
DeNobrega is presently awaiting trial at the Demerara High Court.

Bacchus was fatally shot on June 10, 2022, in Haslington.
According to the police, at around 14:30hrs, officers went to the Haslington New Scheme to carry out an operation based on intelligence gathered earlier that day. The police stated that a 22-year-old construction worker provided information and later guided the officers to Bacchus, who was in possession of an illegal firearm and intended to sell it to one of the undercover officers.

The police stated that an armed plainclothes officer arranged to purchase the firearm from Bacchus, who left and later returned with the gun. However, during the exchange, the police reported that an alarm was raised, prompting Bacchus to suddenly flee in a southern direction while also firing a shot towards the officer. The police stated that the officer then drew his service pistol and returned fire. Bacchus was reportedly shot during the ensuing exchange.

According to the police, Bacchus was in possession of a .380 pistol with a magazine containing one round. The police also recovered one spent .380 shell and two spent 9mm shells from the scene. Bacchus later died while receiving treatment at the Georgetown Public Hospital.
An autopsy confirmed that Bacchus had died from multiple gunshot wounds.