Michelle Miller, an employee of the Guyana Elections Commission (GECOM) who was arrested and charged in relation to investigations into the alleged fraud committed in the March 2020 national elections, has filed a lawsuit against the Guyana Police Force (GPF).
Against the Commissioner of Police, she is seeking more than $175M in damages, arguing that she was falsely arrested, which she contends has breached her constitutional rights.
In her Statement of Claim, filed at the Demerara High Court, Miller has said she was arrested on August 26, 2020 and escorted to the Criminal Investigation Department (CID) Headquarters, Eve Leary, Georgetown, where she was interrogated for approximately 30 minutes.
Despite requesting the presence of her Attorney during the questioning, Miller alleges, Police ranks told her, “You do not need a lawyer, you are not charged with anything.” The GECOM employee has said she was adamant about her lawyer being present, and, as such, refused to answer any question put to her.
Miller has said that, being a “chronic hypertensive patient”, she tested her blood pressure while at CID Headquarters, and it recorded a “dangerously high level” of 166/140, whereas the normal range for her age is 120/80.
After multiple pleas by her lawyer, Miller said, she was escorted to the Georgetown Public Hospital (GPHC), where she was immediately admitted under Police guard.
According to her, she was discharged from the GPHC on August 30, 2020, after which a Police patrol came to the hospital and took her to the Brickdam Police Station. While at the Police station, she said, her blood pressure spiked again, and she had to be taken back to the GPHC. She was discharged on September 1, 2020.
Miller has said she was again taken to CID Headquarters on the said day of her discharge, placed to sit on a bench, and questioned by Police ranks, who interrogated her in the absence of her lawyer, despite her request for her lawyer to be there. She added that she was eventually placed on $100,000 bail, and told to return on October 16, 2020.
She said that when she returned to CID Headquarters on October 16, 2020, she was told that a video interview had to be conducted.
Apart from monetary awards for breach of her constitutional rights, Miller is asking the court for several declarations against the Police Commissioner, and the Attorney General in his capacity as representative of the State.
She is asking the court to declare that her constitutional rights, pursuant to Articles 139, 148, 145, 141, 139(3) of the Constitution of Guyana, were breached by the Police Commissioner. These constitutional provisions deal with a citizen’s right to protection of right to personal liberty, right to protection of freedom of movement, right to protection of freedom of conscience, right to protection from inhumane treatment, right to protection of retaining and instructing a legal adviser of his/her own choice without delay, and right to medical attention.
Miller also contends that her diverse rights afforded under Article 11 of the Convention Against Torture and Other Inhumane or Degrading Treatment or Punishment, to which Guyana is a signatory, were breached.
Moreover, she is seeking interest pursuant to the Law Reform (Miscellaneous Provisions) Act on all awards for damages and such or other orders the court deems just.
Meanwhile, in October 2020, when she appeared at the Georgetown Magistrates’ Courts, Miller was charged with two counts of conspiracy to defraud during the March 2020 Elections. She was released on $60,000 bail, pending her trial. (G1)
