-orders release of mother
High Court Judge Christel Lambert yesterday morning ordered the immediate release of Nikita Greene, the mother of Police Constable Ryan Greene, after finding that the authorities failed to establish reasonable grounds for suspecting her of a criminal offence.
However, the Judge declined to order the release of her son, ruling that police had reasonable grounds to suspect his involvement in the alleged unauthorised disclosure of CCTV recordings from the Police Command Centre.
The proceedings were brought by Randy Greene, who challenged the arrest and detention of his wife and son. The two were detained as police investigated allegations that the constable received money from Opposition Leader Azruddin Mohamed in exchange for surveillance footage.
In Nikita Greene’s case, Justice Lambert found that although it was established that she received $300,000 from her son and subsequently surrendered the money to police, there was no evidence indicating that she knew it was allegedly derived from criminal activity.
The Judge said receiving money from a family member does not, without more, necessarily amount to criminal conduct.
“Having considered the evidence presented, the Court finds that the Respondents have failed to demonstrate objectively reasonable grounds for suspecting Nikita Greene of having committed a criminal offence,” Justice Lambert ruled.
She further found that the affidavit presented to the Court did not establish the factual or legal basis for Nikita Greene’s arrest and continued detention, and ordered her release forthwith.
Turning to the constable, Justice Lambert said the investigation did not arise in a vacuum. She pointed to the public disclosure of surveillance footage which police alleged had been accessed, removed and disseminated without authorisation.
The Judge referred to provisions of the Cybercrime Act 2018 concerning unauthorised access to computer systems, the illegal acquisition of electronic data and the unauthorised disclosure of such data.
She stressed that the question before the Court was whether reasonable grounds existed to suspect Ryan Greene’s involvement in criminal conduct at the time of his arrest. The proceedings were not a determination of whether he had committed an offence.
“The Court is satisfied that Ryan Greene’s arrest was neither arbitrary nor without lawful justification,” Justice Lambert ruled.
She found that the disclosure of footage allegedly removed without authorisation, together with information received by police concerning the constable’s suspected involvement, provided an objective basis for reasonable suspicion.
The Court therefore declined his father’s application for his release.
During the hearing, Attorney General Anil Nandlall SC alleged that the constable admitted in a video-recorded police interview to receiving $800,000 from Mohamed in exchange for CCTV recordings from the Guyana Police Force’s Safe Country Initiative Command Centre.
That alleged admission was presented by the Attorney General.
The recordings in question allegedly show Head of the Special Branch, Senior Superintendent Prem Narine, shooting at the Opposition Leader’s vehicle.
Speaking with reporters, Nandlall welcomed the ruling concerning the constable and argued that the alleged unauthorised release of surveillance footage raised serious concerns about the security of the camera system and the people whose movements it records.
“What is at stake here is the safety of every single citizen,” he said.
Nandlall maintained that footage obtained through the system could reveal people’s locations and movements, and that its disclosure to unauthorised persons could jeopardise their safety.
He also said police would approach the Court for permission to extend Ryan Greene’s detention beyond 72 hours, and indicated that at least one other police officer had been implicated in the investigation.
Meanwhile, attorneys Darren Wade and Dexter Todd, who represented the family’s interests, welcomed the order releasing Nikita Greene.
Wade questioned the basis for her detention and suggested that she may have been held to pressure her son.
“Why was this woman held? There is absolutely no reason whatsoever,” Wade told reporters.
He described her detention as arbitrary and unreasonable.
Wade also maintained the defence’s position that police had not identified an offence justifying the constable’s arrest. Justice Lambert, however, found that the constitutional requirement of reasonable suspicion had been satisfied.
Ryan Greene remains in police custody as the investigation continues.
Mohamed was also taken into custody on Wednesday as part of the investigation into the release of the CCTV recordings.
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