Justice Nigel Niles on Wednesday instructed the State to pay $24 million for the unlawful killing of Quindon Bacchus which occurred on June 10, 2022, at Haslington, East Coast Demerara (ECD).
Bacchus, a 25-year-old father of one of Golden Grove, ECD, was gunned down by a team of Police ranks. The incident was first described as an undercover sting operation by the Guyana Police Force which led to a shootout with the deceased and members of the GPF.
The Police claimed that Bacchus was going to sell an undercover officer an unlicensed firearm and after he revealed himself as a Police rank, Bacchus started to flee and, in the process, discharged several rounds at the Police.
The Police claimed that they subsequently returned fire, fatally hitting him. However, investigations revealed that there was no authorised Police operation in that area and no Police Commander was aware of such.
Further, examination of the firearm allegedly recovered at the scene revealed that the firearm the Police claimed Bacchus used to shoot at them was inoperable and could not have been fired by the deceased. There is also no civilian witness who saw Bacchus fire at the Police.
As a result of the incident and subsequent investigation by the Police, several ranks were allegedly placed under close arrest one of those officers, Lance Corporal Kristoff DeNobrega, was charged with the offence of murder and has since been committed to stand trial in the High Court.
Two other Police men Lance Corporal Thurston Simon and Cadet Officer Dameion McLennon were charged with attempting to obstruct the course of justice. Lance Corporal Simon was also charged with the offence of conduct prejudicial to good order and discipline.
The post-mortem report noted that Bacchus died from multiple gunshot wounds. Government Pathologist, Dr Nehaul Singh in that PM report revealed that Bacchus received six gunshots and also confirmed that he was shot five times to the back and once to the chest. He had left to mourn his family and friends, including his three-year-old son.
The circumstances which led to the death of Bacchus caused great public outcry, protests and the temporary lockdown of certain areas of the country.
The mother of Bacchus filed an action against the State for the unlawful killing of her son. This action was filed by Dexter Todd and Associates Law Firm. The State first defended the action, denying liability for the killing and claiming that Bacchus died during an authorised Police undercover operation.
However, by letter dated July 24, 2024, the Office of the Attorney General wrote the Attorneys for Bacchus mother, as well as the Judge, indicating that the State has accepted liability for the brutal shooting and requested that the court decide on the quantum of damages to be granted to the estate of the deceased.
The court invited submissions from both sides and subsequently made its decision. The Judge found that the brutal killing of Bacchus breached his right to life, as protected under the Constitution of Guyana.
The court indicated that it looked at recent matters of a similar nature and considered the settlement and judgment amounts in those matters before making its own decision in this case.
As such, the court ordered that the State pay to the estate of Bacchus the sum of $1 million for his funeral expenses, $22.5 million as damages for the breach of his right to life, and $500,000 in costs.
