SOCU apologises to Attorney over unconstitutional arrest

More than five months after Chief Justice (ag) Roxane George found that Attorney Tamieka Clarke’s fundamental rights to personal liberty were breached by the Special Organised Crime Unit (SOCU) when she was arrested while advising her client to remain silent, SOCU has apologized to the Attorney.

“Pursuant to a directive contained in the Order of the Honourable Madam Chief Justice Roxanne George, on behalf of the Special Organized Crime Unit, and personally, we hereby offer an unequivocal apology for the unfortunate incidence which occurred at SOCU’s office on 28^th October, 2022 involving your good self,” Superintendent Krishnadat Ramana and Assistant Commissioner of Police Fazil Karimbaksh, wrote to the Attorney in an apology letter today.

The Attorney’s arrest for advising her client to remain silent during questioning by SOCU, sparked widespread condemnation from the local Bar Association as well as from Regional and International Bar Associations.

The Attorney approached the High Court seeking several orders including a declaration that her detention was unlawful.

In their letter to Clarke, the two Senior Police Officers said after “mature reflection” and based on legal advice received, it was recognized that both the Attorney’s right to advise her client to remain silent and to engage with her client in private, were violated.

“This error in judgement is wholly regrettable,” the Officers told Clarke.

The Attorney had also filed private criminal charges against the SOCU Officers, but the Director of Public Prosecutions discontinued those charges.

Attorney Nigel Hughes who represented the interests of Attorney Tamieka Clarke, in a statement on his Facebook page, noted that it took an order from the Chief Justice to get SOCU to admit that its illegal arrest of the practicing Attorney was not only unconstitutional, but was also unacceptable.