Guyana: High Court orders State to compensate man for unlawful arrest, detention

The High Court of Guyana has ruled that the State is required to compensate Mikhail Miggins with GY$1.6 million for his unlawful arrest and detention by members of the Guyana Police Force. This decision was made by High Court Judge Simone Morris, who determined that Miggins’ arrest on November 14, 2024, at the Wales Police Station was unlawful and violated his fundamental right to personal liberty as outlined in Article 139 of Guyana’s Constitution.

Additionally, the court found that Miggins’ detention at the Parfait Harmonie Police Station from November 4 to 8, 2024, also contravened his constitutional rights. As a result, the Attorney General, named as the Defendant in the case, is ordered to pay Miggins general damages for the unlawful actions taken against him. The compensation amount will accrue interest at a rate of 6% per annum from the date of filing until June 12, 2026, the date of the judgment, and at 4% per annum from the judgment date until the total amount is paid.

Judge Morris noted that Miggins’ detention lasted four days without justification for not granting him station bail, particularly since the report against him was of a summary nature. The judge also stated that there was no evidence indicating that Miggins posed a flight risk, and acknowledged that he likely suffered emotional distress due to the circumstances of his detention.

Miggins initiated this legal action seeking declarations that he was maliciously prosecuted, falsely imprisoned, and subjected to assault and battery by the police. He also sought declarations regarding breaches of his constitutional rights, including his right to liberty and protection against inhumane treatment.

According to Miggins, on November 14, 2024, police officers arrived at his home to arrest his brother. He claims that while questioning the police about a firearm discharge during the arrest, Corporal Greene slapped his phone out of his hand and subsequently detained both him and his brother. Miggins alleges that he was taken to the Wales Police Station, where he continued to inquire about the incident, leading to further accusations of disorderly behavior and obstruction of police duties.

He was then transported to the Parfait Harmonie Police Station, where he remained until November 18, 2024, when he was finally brought before the court. During his detention, no formal charges were presented against him. Upon his court appearance, a summary charge of fraudulent conversion was read, which the presiding Magistrate deemed legally unsound, resulting in the prosecutor withdrawing the case.

Source: demerarawaves.com