Guyana: Attorney arrested after advising client to stay silent
Members of the Guyana Police Force’s Special Organised Crime Unit (SOCU) detained an attorney yesterday after she told her client to exercise his constitutional right to remain silent.
At a media conference following her release from police custody, attorney Tamieka Clarke expressed her displeasure about what occurred.
Clarke said an investigating officer told her that the advice she gave her client was considered obstruction of justice.
The attorney claimed the officer said earlier this week that “counsel would need counsel” if her client, who is charged with computer-related fraud, did not state police.
She explained that on visiting SOCU’s office today, a statement was prepared, and her client was asked to read and sign it.
Her client was released without signing the prepared statement that was prepared using information he provided during a video interview.
Clarke’s attorney Nigel Hughes condemned the actions of the police, saying that they violated the constitution.
He called it a “dirty, nasty assault on the rule of law”.
“The constitution entitles every citizen of this country to remain silent if they are a suspect or if they are the target of an investigation…so if you are arrested, you don’t have to provide any information to the police other than your name and address,” he said.
Hughes said the incident sets a dangerous precedent as police takes an oath to uphold the rule of law.
He lamented that police acted highhanded and refused Clarke’s attorneys access to local and international media, highlighting the matter.
Hughes said Clarke plans to take legal action against the Police Force “to ensure that this does not happen to any member of the legal profession in Guyana”.
The legal fraternity has taken the police force to task for the arrest.
In a statement, the Guyana Bar Association said it “unreservedly and unequivocally” condemns the actions of the police.
“Such action is disturbing, perverse, unlawful, oppressive and wholly unacceptable,” the bar association said.
It has called on the Commissioner of Police to issue an apology to Clarke as well as compensate her for the unlawful arrest and launch a full investigation into the matter.
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