–cites impending 240 charges for serious financial crimes
IN a key decision handed down last Friday, Demerara High Court Judge, Gino Persaud denied a request from Assistant Commissioner of Police, Calvin Brutus and his wife, Adonika to travel overseas.
The ruling comes as Brutus and his wife remained embroiled in investigations concerning allegations of money laundering, and other serious financial crimes.
Brutus is also under investigation for misconduct in public office. The investigations are being conducted by the Special Organised Crime Unit (SOCU)—an arm of the Guyana Police Force (GPF).
Brutus, an attorney-at-law, and his wife filed a Fixed Date Application (FDA) in court after he had applied for 42 days of annual vacation leave but was denied permission to travel abroad.
The Permanent Secretary of the Ministry of Home Affairs blocked Brutus from leaving the country, prompting the couple to seek legal intervention. The court was informed by the judge that those leave days expired in August 2024, and Brutus is currently on administrative leave to allow for the ongoing investigations.
The application was heard on Friday morning, October 18, by Justice Persaud, during which the couple’s attorney, Earl Daniels, urged the court to grant his clients permission to travel to the United States of America (USA) for medical reasons.
Justice Gino Persaud
The lawyer explained that Brutus’s wife, who is pregnant and experiencing medical complications, is expected to deliver on March 1, 2025.
The lawyer stated that the couple had already scheduled an appointment with a medical facility in the United States for treatment. Daniels argued that if Mrs. Brutus could not leave on Friday, she would have to await another doctor’s appointment in May, 2025.
He argued that the woman’s medical condition was serious and could not be treated adequately in Guyana. However, no medical documents were presented to the court to verify the woman’s condition.
“I have no doubt that Mr. Brutus and his wife will return to the jurisdiction to defend the allegations in a court of law,” Daniels assured the court, highlighting that Brutus has served the Guyana Police Force with distinction for the past 25 years.
Moreover, Daniels contended that his clients are unlikely to flee, as they have significant assets in Guyana that bind them to the jurisdiction. He said that their investments and property holdings reinforced their intention to remain rather than risk losing their established assets.
Once again, the lawyer did not provide any evidence of these assets to the court. Daniels mentioned that during his time as a police officer, Brutus had traveled to the USA and other countries, indicating that he is likely to return home after this trip.
Regarding the ongoing investigations, the couple’s lawyer stated that no allegations have been put to Brutus concerning money laundering, other financial crimes, or misconduct in public office.
The lawyer said this his clients were made aware of the probes via social media.
He noted that his clients are readily accessible to SOCU investigators since they reside in police quarters located near SOCU’s headquarters on Camp Street in Georgetown.
However, the State, represented by the Attorney General’s Chambers, contended that there was insufficient evidence proving that Adonika could not receive suitable care locally.
Assistant Solicitor General Shoshanna Lall argued that due to the serious nature of the 240 impending charges against Brutus and his wife, they should not be permitted to leave the country.
She detailed that the charges include violations of the Police Act, the Police (Discipline) Act, and the Anti-Money Laundering and Countering the Financing of Terrorism Act, among others.
Lall clarified that the investigations involve a total of over G$800 million, with GY$300 million attributed to properties and other assets. The remaining G$500 million has been frozen in bank accounts owned by the couple.
Lall also mentioned that some investigations are still ongoing, and the police are awaiting guidance from the Office of the Director of Public Prosecutions (DPP) regarding the next steps. “These are grave financial crimes,” the state lawyer stressed.
She added: “Charges will be laid very, very shortly.” Despite the couple living in police quarters, the Assistant Solicitor General stated that investigators have struggled to locate them. This difficulty, she noted, led the lead investigator to reach out to acting Police Commissioner Clifton Hicken for assistance in bringing Brutus to SOCU’s office.
However, Justice Persaud expressed skepticism about the situation, questioning how it could even happen.
“This defies logic. If the police can’t find someone living right next to them, what confidence do I have in the police force?” the judge remarked.
He also raised concerns about the police’s authority to make arrests, noting that Brutus was present in court on Friday for the hearing of his application.
Regarding Brutus’ claim that being prevented from traveling overseas infringed on his constitutional right to freedom of movement, Lall argued that this right is not absolute and can be restricted under certain circumstances.
One such limitation, she noted, is that public servants, including Brutus, are required to seek and obtain leave of their Permanent Secretaries before they can leave the jurisdiction. She said the counsel for Brutus admitted that no such request was made or approval obtained for Brutus to leave the country as he wished from October 19-27, 2024.
After hearing arguments from both sides, Justice Persaud rendered his ruling, stating, “I can’t at this stage grant the application. The investigations alluded to by the State have set out that there are 240 impending charges…”
So, the application was dismissed and the couple was ordered to pay $250,000 in costs. Brutus has asserted that the money in question represented his savings accumulated over the years, as well as wedding and holiday gifts from family and friends.
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Publish date : 2024-10-18 23:43:00
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