The High Court on Thursday upheld the legality of Police Constable Ryan Greene’s arrest in an investigation into the alleged unauthorised extraction and sale of surveillance footage.
Justice Christel Lambert-Meertins, however, ruled that the evidence presented by the State did not justify the detention of his mother, Nikita Greene, and ordered her immediate release.
She found that the circumstances surrounding the alleged removal and disclosure of the footage, together with information gathered by investigators and Ryan’s attachment to the Guyana Police Force’s (GPF) Command Centre, provided reasonable grounds for his arrest.
The decision came as investigators continued examining allegations that the 20-year-old constable downloaded footage from the Force’s Safe City surveillance system and handed it to United States (US) sanctioned and indicted Opposition Leader, Azruddin Mohamed in return for $800,000.
The footage relates to an October 12 incident outside the Kitty, Georgetown, residence of Senior Superintendent of Police Prem Narine, Head of the Force’s Special Branch Unit and who is a witness in the extradition hearing before the Georgetown Magistrates’ Courts.
The US-sanctioned man, his driver Eugene Thorne and videographer Mario Mohamed were subsequently charged in connection with that incident.
Police said Narine heard what appeared to be a gunshot as their vehicle passed his residence for a second time and fired several rounds towards it. The three men were allegedly found with a .32 Taurus pistol and three rounds of ammunition.
They were jointly charged with unlawful possession of a firearm, unlawful possession of ammunition and attempting to obstruct the course of justice. All three pleaded not guilty and were granted bail of $750,000 each.
Extradition proceedings
The case also comes amid the ongoing extradition proceedings against Azruddin Mohamed and his father, Nazar Mohamed. The US sanctioned the two men and several associated businesses in 2024, and the father and son were indicted in Florida in 2025 on 11 counts involving alleged fraud, money laundering and related offences linked to a gold-export scheme. Both deny the allegations and are contesting extradition to the US, with the proceedings in Guyana adjourned to November 2.
In assessing the grounds for Ryan Greene’s arrest, Justice Lambert-Meertins said the circumstances surrounding the footage’s public disclosure, the allegation that it had been removed without authorisation, and information received by police provided an objective basis for suspecting his involvement in criminal conduct.
“The court is satisfied that Ryan Greene’s arrest was neither arbitrary nor without lawful justification,” the judge held.
She noted that the alleged conduct could fall within offences under the Cybercrime Act, including unauthorised access to computer systems and the unlawful acquisition or disclosure of electronic data.
However, the judge made clear that the proceedings were not a determination of guilt.
“The court is not required to determine whether either detained person is guilty of a criminal offence,” she said, explaining that guilt would have to be determined through the appropriate criminal proceedings if charges were brought.
The court also considered allegations that Ryan Greene made admissions during a recorded police interview about downloading and removing electronic data and allegedly transferring it to Mohamed for $800,000.
Justice Lambert-Meertins stressed that statements allegedly made after his arrest could not be used retrospectively to establish that the arrest was lawful. They could, however, form part of the information available to investigators as they assessed the case and the grounds for continued detention.
The judge made no finding on whether the alleged admissions were true or whether the evidence established the elements of any criminal offence.
Cop’s mother handover over money to police
Her assessment of Nikita Greene’s detention produced a different outcome.
The court heard that the 39-year-old housewife had received $300,000 from her son and subsequently handed the money over to police when requested.
However, the State’s evidence did not establish that she knew the money was connected to criminal activity, participated in the alleged removal or disclosure of the footage, or had agreed with anyone to commit an offence.
“The mere receipt of money from a family member, in this case her son, does not, without more, necessarily constitute criminal conduct,” Justice Lambert-Meertins said.
While acknowledging that police could investigate the circumstances surrounding the money, the judge found that the existence of an investigation involving a relative was not, in itself, sufficient grounds for an arrest.
She concluded that the State had failed to demonstrate objectively reasonable grounds to suspect Nikita Greene of criminal conduct and ordered that she be released.
Attorney General (AG) Anil Nandlall, SC, had urged the court to dismiss the habeas corpus application filed on behalf of the mother and son.
The application asked the court to examine whether their arrest and detention were lawful. Greene’s lawyer argued that Ryan Greene had committed no known offence and maintained that the State had a constitutional obligation to act in good faith and protect citizens.
The lawyer also challenged the basis for detaining individuals for up to 72 hours without sufficient grounds, describing such detention as unconstitutional. Wade further noted that no specific offence had been put to the constable at the time of his submissions.
Application premature
Nandlall, however, maintained that the detention was within the limits permitted by the Constitution of Guyana and argued that the application was premature while police investigations remained active.
He told the court that Ryan Greene had been arrested at 15:00h on October 26, meaning the initial 72-hour period would expire at 15:00h on Thursday. He said police intended to approach the High Court for an extension to keep the constable in custody while investigators continued their work.
“The constitutional framers recognise that 72 hours, depending upon the nature and type of investigation, may not even be sufficient,” Nandlall argued.
Serious breach of national security
The AG said investigators were examining several possible offences, including corruption, interference with the administration of justice, witness tampering, bribery and unauthorised access to electronic data. He added that police had not yet settled on the specific offences for which charges might be brought.
Nandlall also said investigators were looking into whether other police officers were involved and whether similar breaches of the surveillance system had occurred previously.
“This is a serious matter. It affects the livelihood and welfare and safety of tens of thousands of Guyanese, and it constitutes a serious breach of national security,” he told the court.
Speaking to reporters after the ruling, Nandlall described the decision as fair but said the investigation into Ryan Greene’s alleged conduct was continuing.
He raised concerns about the potential consequences of unauthorised access to Safe City footage, noting that the system captures images of people moving through public spaces and could reveal information about their whereabouts and movements.
The AG also accused Azruddin Mohamed of being implicated in the alleged breach, saying that the US-indicted man paid someone to supply images extracted from the system without authorisation for use in a personal criminal matter.
The other application seeking constitutional declarations and damages is scheduled to be heard at a later date. The judge reserved those issues because the State had not yet filed a response.
The habeas corpus application was filed by Randy Greene, on behalf of his wife, Nikita Greene, and son, Police Constable Ryan Greene, challenging their arrest and detention.
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