The infamous case involving Colwyn Harding and two police officers, was dismissed yesterday for want of prosecution.
Harding was, in November 2013, remanded at the Timehri Police Station on the allegation that he had assaulted a police officer and had resisted arrest. He alleged that during this period of remand, officers inserted a condom-covered baton in his anus, causing him to suffer internal injuries.
Yesterday, Colwyn Harding v. T. Thomas (Police Constable 20411) and Devin Singh (Police Constable 19175) and Colwyn Harding v. Attorney General came up for hearing before Justice Navindra Singh, on which date both actions were dismissed for want of prosecution.
Costs in the amount of $100,000 were also awarded to the Attorney General’s Chambers
On the day of the hearing, Justice Navindra Singh noted though the action was scheduled to commence at 9:00am, and Counsel for the Attorney General were present, Counsel for Harding was not present, and had not made any communication to the Court.
Noting that lead Counsel for the Attorney General indicated that her own records showed that the trial was to commence at 9:15am, and in an effort to accommodate Harding’s attorney-at-law, Justice Navindra Singh delayed the commencement of trial until around 9:25am.
Counsel for the Attorney General had indicated to the Court that an attorney-at-law for Harding called to indicate that he would not be able to attend court until 9:30. or 9:45 am.
In those circumstances, Counsel for the Attorney General asked the court to dismiss the actions.
Harding contended that he was viciously assaulted by several members of the Guyana Police Force on 15th November 2013 by ranks who entered his home. He also claimed that Police Constable Singh 19175 had inserted a foreign object into his anus, triggering a need for corrective surgery, and that the said rank repeatedly assaulted him in the Timehri Police Outpost between 15th November 2013– 18th November 2013.
The State had denied these claims. Specifically, the State asserted that the medical evidence did not support Harding’s contention of a foreign object being inserted into his anatomy, and that any surgical procedures undertaken were as a result of a medical condition which Harding had developed.
In this action, Harding had asked the court to grant him damages in excess of $100,000 and other exemplary damages. In the second claim, he alleged that his fundamental rights were breached as a result of the actions of the police ranks and asked the court to grant him damages in excess of $80 million.
He asked for several other costs to be awarded including that the defendants in each action pay the costs of his legal fees for bringing the actions.
