Brutus challenges legality of tribunal appointed to investigate him for $115M fraud
Assistant Commissioner of Police (ACP) and attorney-at-law, Calvin Brutus, who is facing over 200 criminal charges for serious financial crimes, has moved to the High Court to challenge the legality of the tribunal appointed by the Police Service Commission (PSC).
In his fixed-date application filed by attorneys-at-law Eusi Anderson, Cassidé Nurse, Darren Wade and Renea Marcus, Brutus contends that the tribunal established to investigate him for alleged breaches of the Police (Discipline) Act, violates multiple constitutional provisions.
He contends, too, that the tribunal has no power to compel the attendance of any witness or party who, at the time of his/her summons to attend, is charged with a criminal offence born out of the factual circumstances the tribunal is charged with inquiring into.
ACP Brutus argues that the compulsion being imposed would violate his right to a fair trial, equality of arms, due process, and legal protection.
He further submitted that it also directly contravenes Articles 8, 38, 39, 40, 56, 122(A), 141, 144, 149, and 154(A) of the Constitution of Guyana, making it highly prejudicial to his defence in the ongoing criminal proceedings before the acting Chief Magistrate.
The cop is seeking a declaration that the tribunal’s appointment was unlawful and an order preventing it from carrying out any proceedings pending the hearing and determination of the criminal charges.
Additionally, he is seeking more than $100 million in damages for breach of his constitutional rightsAs a citizen of Guyana by birth, the senior police officer states that he enjoys the “rights, privileges, immunities, and protection afforded by the Constitution of Guyana to all its citizens.”
At the time of the filing of the application, that is January 27, 2025, Brutus’s lawyer said that their client continues to discharge the functions of the office of Assistant Commissioner of Police.
In a statement earlier this week, secretary to the tribunal, attorney Hugh Park said that Brutus had been summoned for a second time by the PSC tribunal to answer several charges after failing to show up to a January 23, 2025, scheduled hearing and after tendering a now recalled medical excuse.
The tribunal is charged to inquire into and report on allegations of offences against breaches of discipline and discreditable conduct committed by Brutus, while performing the functions of Deputy Commissioner of Police in the Guyana Police Force during the period August 2020 to July 2024.
The particulars of the offence outlined that on January 11, 2024, Brutus gave instructions for payment of goods procured by the Government to the Police Force in the sum of $13,670,204, to be made from the Force’s Welfare Fund in violation of Standing Order 36 of the Guyana Police Force.
It is further alleged that during the month of December 2023, Brutus caused records at the Quartermaster Stores of the Guyana Police Force to be falsified, purporting to show that goods in the value of $101,431,050 were delivered by Corwin Nicholson trading as 3D Construction to the Guyana Police Force, knowing same to be false, thereby causing payments in the said sum to be made.
The tribunal is comprised of Assistant Solicitor General Shoshanna Lall as Chairwoman and attorney Keoma Griffith and former Police Commissioner Seelall Persaud as members.
The life of this tribunal expires at the end of 28 days from January 22, 2025, save for any extensions granted by the PSC. They, along with the Attorney General and the PSC, are named as respondents in Brutus’s application.
