Former cop, who was wrongfully imprisoned, loses $100M lawsuit against the State

He was freed in October 2021 after the State failed to present witnesses to pin him to the crime.

Two months after his release, Bailey, who was represented by attorney Nigel Hughes and Associates, had filed the law suit. He had named the Attorney General Anil Nandlall, SC, and the DPP, Ali-Hack as respondents in his Statement of Claim.

When Bailey’s application was heard Friday last in the Demerara High Court, Justice Nareswhar Harnanand dismissed the application.

When contacted, Hughes told the News Room that Justice Harnanand maintained that the issues raised in Bailey’s lawsuit were res judicata, meaning that it was already determined in his earlier action to seek bail while incarcerated.

According to Hughes, while Bailey was waiting for his trial to be heard, he had filed a constitutional motion seeking bail.

“That matter was heard by Justice Young (Damon) who said that there was no delay in bringing the case against him because there was COVID in the interim and because Justice Young ruled in that case, Justice Harnanand said that the issues that were raised when we sued after he (Bailey) would have been released were res judicata. In other words, already determined,” Hughes explained to the News Room.

Among Bailey’s request was for a declaration that his arrest and detention was without lawful justification, that the decision by the DPP to institute a murder charge was an abuse of power and also a declaration the delay in his trial was a breach of his guaranteed right to liberty and a fair trial.

Also, he has asked the High Court to declare that the failure to provide basic medical facilities at the Lusignan Prison and his exposure to COVID-19 was inhumane and degrading.

In addition, he had asked for several $100,000 sums to compensate individually for wrongful preferment of the charge of murder, wrongful detention, malicious prosecution and denial of his right to protection from inhumane and degrading treatment, among others.

Bailey previously said that he served time in three prisons where he was attacked, suffered a minor heart attack, and contracted the novel coronavirus.