Eight months after Attorney-at-law Tameika Clarke was arrested by the Special Organised Crime Unit for advising her client to remain silent, the Acting Chief Justice Roxane George has found that her arrest was a breach of her rights under the constitution.

The arrest took place back in October of last year at the SOCU headquarters. The Attorney was released hours after her arrest, but the arrest saw criticism being leveled at SOCU from the local Bar Association and the Attorney General’s chambers.

Clarke moved to the Courts in a lawsuit against the state.

The Chief Justice in her recent ruling also found that the seizure of the Attorney’s mobile phone by SOCU without lawful excuse was wrongful.

Additionally, the Court reminded that an attorney at law admitted to practice in Guyana is entitled to
advise a client to remain silent when questioned by any lawful enforcement agency. The Court also ruled that an Attorney who is entitled to practice in Guyana is entitled to consult with his/her client in private without the contents of the consultation being recorded in any way including by means of audio visual recording by any law enforcement agency in the Guyana or elsewhere.

The Chief Justice also said an Attorney is entitled to advise their client to exercise the right to remain silent when questioned by a member of any law enforcement agency in Guyana.

The Court will make further orders with regard to damages in the case at a later date, the Acting Chief Justice said.

Related posts:

DPP discontinues private criminal charge against SOCU Officers in arrest of Attorney Regional Bar Associations and Commonwealth group rebuke the Guyana Police Force over arrest of Attorney Bar Association and Women Lawyers group slam SOCU over “unlawful” arrest of Attorney Attorney arrested by SOCU for advising client to remain silent to file action against Police