Police Force not authorised to ‘blacklist’ persons charged with indictable offences from leaving Guyana—High Court rules

The Guyana Police Force (GPF) is not authorised under the law to ban persons charged with indictable offences from leaving Guyana, High Court Judge Navindra Singh has ruled.

His ruling stemmed from a constitutional action mounted by Senior Superintendent of Police Marcelene Washington who is charged with multiple counts of conspiracy to commit a felony contrary to Section 34 of the Criminal Law (Offences) Act.

After the charges were read to the senior Police rank in the Georgetown Magistrates’ Courts and she was released on cash bail, she said she was informed that she was “blacklisted” from travelling beyond the borders of Guyana.

As such, through Attorneys-at-Law Dexter Todd and Dexter Smartt, Senior Superintendent Washington challenged the State’s decision to restrict her movement.

She had among other things contended that she is a naturalised citizen of the United States of America (USA) and is required to travel there every six months to maintain her citizenship.

As such, she was seeking to be removed from the blacklist.

Attorney General Anil Nandlall, SC, who appeared on behalf of the State, had denied that Washington was “blacklisted” from travelling, but rather asserted that the Immigration Department of the GPF would formulate an “administrative list” of persons charged with indictable offences as a protocol and guidance to that department and if such persons attempt to travel at the borders, they would be advised to seek permission from the court.

Marcelene Washington

Nandlall contended that Article 139 (1) of the Constitution of Guyana restricts Senior Superintendent Washington’s right to travel pursuant to a bail order made by the court.

In his written ruling, Justice Singh said that by creating such a list, the GPF/State have determined that the law authorises the Police Force to limit the movement of such persons solely because they have been charged with indictable offences.

“No such authority is reposed in the Guyana Police Force under any written law in Guyana,” Justice Singh declared, adding that the Attorney General has clearly “misdirected” himself with respect to his contention that Article 139 (1) restricts the Policewoman’s right to travel pursuant to bail order made by the court.

According to the High Court Judge, that constitutional provision does not restrict the movement of an individual who has been granted bail by a court of law.

Bail, as defined by the Black’s Law Dictionary, he noted, is to obtain the release of (oneself or another) by providing security for a future appearance in court.

Justice Singh added: “Should the court granting bail determine that other conditions should be imposed and impose such conditions, such as restriction of the movement of the bailed persons, only then does that become a condition attached to the bail.”

In fact, the Judge noted that the recently passed Bail Act of 2022, particularly Section 11 is most instructive in this case. “Section 11 makes it very clear that conditions including restricting a bailed person’s ability to travel may be imposed by the court granting bail.”

“Logically, if such conditions are not imposed, then they do not exist,” Justice Singh held.

In light of his findings, he declared that the Guyana Police Force cannot restrict the movement of any person around or out of Guyana unless such restriction is provided for in the laws of Guyana or is pursuant to an Order of Court.

Cost was awarded to Senior Superintendent Washington in the sum of $150,000. She had listed the Attorney General, Commissioner of Police and Home Affairs Ministers as the respondents in her application which was filed before the Demerara High Court.

Senior Superintendent Washington is among the serving and retired Police ranks, charged with defrauding the Guyana Police Force of $10 million.

According to the Special Organised Crime Unit (SOCU), they conspired with each other and persons unknown to defraud the GPF of more than $10 million.

SOCU said the money was paid to them to revise the entire Guyana Police Force’s raft of Standing Orders, but they failed to present to the GPF with a completed revised Standing Order.

SOCU—an arm of the GPF—disclosed that the GPF has a Standing Order which comprises 104 Standing Orders. The entire 104 Standing Orders of the Guyana Police Force were completely revised by Civilian Police Analysts that worked at the Strategic Planning Unit of the Guyana Police Force between July 2018 and March 2019, it said.

However, SOCU added that former Commissioner of Police Leslie James had hired and paid the persons in question to do the same revision when it was already done.

SOCU said the past and present officers conspired together and gave themselves a job that clearly should have gone to the Tender Board by law because of the sum of money involved.

Senior Superintendent Washington, who once served as the GPF’s Finance Officer, is also facing several counts of falsifying accounts. The charges stemmed from a massive investigation conducted by SOCU in relation to an over $300M fraud allegedly committed at the Police Finance Office by several high-ranking officers.