Canada-based Guyanese testifies in wrongful arrest lawsuit

Canada-based Guyanese Phillip Simon testified yesterday about being detained under horrendous conditions in the Brickdam Police Station lockups after being accused of  participating in international terrorism and drug trafficking.
Simon was arrested in May 2011, while looking for lawyers to represent Nation of Islam’s Abdul Akbar Muhammad, who had been detained on similar drug trafficking and terrorism allegations. At the time, Muhammad was in Guyana to lecture in Buxton on the slave trade.
The two were subsequently released without charges and are now seeking substantial damages from the Attorney General and the Government of Guyana.
Simon is being represented by Attorney-at-Law Nigel Hughes.
Testifying in the High Court yesterday, Simon stated that he is employed in the field of electrical maintenance and resides at Morning Star, Montreal, Canada. He said that he arrived in Guyana on Monday, May 16, and had invited Mr. Akbar, who had lectured in Canada on the slave trade, to conduct a similar lecture in Guyana.
Simon stated that The Nation of Islam representative conducted a short lecture at a school in Buxton. He had two lectures scheduled for airing on Channel 9. Simon said that he arrived in Guyana on May 19, 2011. “On the 19th I was in my hotel located in Kitty and I went looking for lawyers for Minister Akbar Mohamed, who had been arrested.”
He said that after failing to find an attorney he spoke with a Government Minister on the phone.  Following that, he went to CID Headquarters, where he was met by two police ranks.
“They then arrested me for terrorism and put me on the bench. I saw the minister and spoke with him,” Simon told the court. I remained on the bench for several hours. I was there from 12 to about six to seven hours in the evening.”
Simon testified that he was asked by a policeman about an individual named ‘Perreira’ and about his connections to ‘Perreira’.
“I told him (the policeman) I don’t know him, I met him before and I was trying to contact him for Mr. Akbar because he (‘Perreira’) would lead him (Akbar) to the Muslim community.
“They never asked me questions about terrorist activities. They never asked me about any circumstance in which I was involved in acts of terrorism. They never asked me about any drug trafficking. They never asked me about any circumstances in which I was alleged to be involved in drug trafficking. They never confronted me with any person who accused me of being involved in terrorism or trafficking in Narcotics. They never presented me with any document that implicated me in terrorism or any trafficking. They never questioned me about any activities that surrounded terrorism or trafficking.”
According to Simon, the police ranks said that they were waiting for a call “before they release us. If the call did not come by seven they would take us to Brickdam.”
“They came and told us that the call did not come through so they took us to Brickdam lockups. They placed us in the cell. The cell was filthy; not equipped for human beings to be in. The smell was like if you were in a toilet. There were flies and mosquitoes. It was obnoxious. There was no place to lie. You had to lie on the concrete or stand. They were about 40-50 persons in the cell. I was never placed in a cell before. I remained there until 9:30 in the morning. In the morning a brother brought water and sandwiches.”
He said that they (himself, Akbar and another man, Tyrone Seymour) were eventually informed that they would he would be taken to CID Headquarters.
Simon stated that Tyrone Seymour is a barber and that he had often visited the man’s barber shop. He said that  he had asked Seymour for Perreira’s number and had made several calls to ‘Perreira’ after getting the number.
According to Simon, Seymour came to CID Headquarters on the afternoon of May 19, 2011, to bring him a book and was subsequently arrested.
Simon testified that he also spoke to Crime Chief Seelall Persaud. He said that Persaud questioned him about the Nation of Islam.
“He also asked how I can afford to come to Guyana so often. I told him I work for myself seven days a week. He never informed me why I was in custody. They never told me whether Mr. Perreira was a terrorist or drug pusher or whether he was in custody for drug pushing or terrorism. They continued questioning me for half an hour. They took my photograph and fingerprints the day before.
“After this they told me that I could go, but they could not give me a clearance.    I was never a suspect, charged, arrested or stopped at an airport before the 19th for terrorism or drug trafficking.
Before the 19th, I visited the US at about five times per year to visit the Nation of Islam in Chicago. I was never stopped. After the 20th, when I was released, I first attempted to go to the US. I was detained by the immigration authority concerning the matter I had in Guyana concerning the drug trafficking and terrorism. They told me they would let me in, but I needed to get the matter cleared up,” Simon testified.
Simon told the court that he contacted Head of the Presidential Secretariat Dr. Roger Luncheon. He said they had two conversations about the incident and “he asked what would it take for the matter to go away.”
“I was allowed in the US because I was attending a press conference concerning the matter,” Simon stated.
Simon told the court that he returned to Guyana in February, 2012 but was unable to make contact with Dr. Luncheon. He said that he never received an apology for his arrest or detention and never received any compensation or offer of compensation from the Guyana Police Force.
Noting that he was claiming damages for wrongful arrest, imprisonment and consequential loss, Simon stated that he felt “awful and degraded to be put in a condition like that.”
Under cross-examination, Simon stated that he had met ‘Perriera’ and went to his home at Lamaha Springs. He said he could not recall speaking to ‘Perreira’ prior to the 19th.
“I spoke to the person and I told him that Mr. Akbar was coming in. I presumed him to be Gerald Perreira. I called the number more than once and spoke to the same person about three or four times. I was trying to contact Perriera so that he could take him to the Muslim community. I never mentioned any terrorist activities,” Simon stated.
Also testifying yesterday was Tyrone Seymour, a barber of Lot 4 Cove and John ECD. He said that at around 14:00 hrs on May 19, 2011, He visited CID Headquarters after Simon called him to deliver a book for him.
On arrival at CID Headquarters, a detective asked for his name and address. Seymour said that the detective then told him to sit on a bench and later told him that he was a suspect in terrorism.
“I was 28 years at the time. I was never arrested of any criminal offence or accused of terrorism and neither arrested by the police.”
Seymour said he was placed next to Mr. Simon and Mr. Muhammad.
“He (the police) asked me if Mr. Simon ever sent money to me from overseas and I said no. he asked how long I knew Mr. Simon and I told him I knew him for about three to four years. He never asked me about my involvement in terrorism. He never asked about Mr. Simon or Akbar involvement in terrorism.
“We were taken to Brickdam. We were then taken from Brickdam to Eve Leary…We were never told why we were arrested. We were released.”
Under cross-examination Seymour stated that he is a Muslim. He said that Simon had called him before May 19, 2011, but he could not recall how often.
He said that Simon had asked if he had gotten a number for Mr. Perreira. “I searched the directory and found a number for Perreira, and he asked why I wanted his number and I told him Brother Phillip wanted the number.”
The proceedings concluded at that point and the case was adjourned until February 12.