A 33-year-old man, who was committed to stand trial at the Demerara High Court for his cousin’s murder in 2012, but remained on remand for years, has filed a $100 million lawsuit against the State for breaching his constitutional rights.
Cloyde Harris, who was eventually freed of the charge, was accused of the December 22, 2012 murder of his cousin, 71-year-old Derrick Cox, who was shot to his chest by bandits outside his shop.
He was arrested in light of a witness providing evidence on the matter and was committed to stand trial at the High Court for the crime by Magistrate Alex Moore.
Harris had been on remand for six years, six months, and six days according to his lawyer, Dexter Todd.
Todd added that there was a delay in his client’s trial at the High Court as the case docket and deposition from the Preliminary Inquiry (PI) were not submitted to the Director of Public Prosecutions (DPP).
Moreover, the lawyer stated that the docket and deposition from the PI were with the clerk at the DPP office up until 2016. As a result of an administrative glitch, the DPP ordered Magistrate Moore to reopen the PI to admit additional evidence from the main witness which was not properly labelled.
During the reopened PI in 2018, Magistrate Moore discharged Harris after the main witness in the case in his testimony did not place Harris at the crime scene.
Attorney Todd is seeking damages in excess of $100 million for Harris’s unlawful detention, loss of liberty, and delay of trial within a reasonable time.
The former murder accused is asking the court to declare that his unlawful arrest and/or detention for almost seven years and without a reasonable trial was unreasonable and in contravention of Articles 144 and 139 of the Constitution of Guyana.
Further, Harris is asking the court for an order that he is entitled to compensation for the unconstitutional deprivation of his liberty, as well as damages. He is also asking the court to award him costs and any such order or further orders the court deems just.
