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Court rules SOCU’s seizure of businessman’s gold, Constitutional
The High Court of the Supreme Court of Judicature has ruled that the seizure of 19.12 ounces of gold from businessman Richard Ramjit by the Special Organised Crime Unit (SOCU) was constitutional and well within the law.
Senior Legal Adviser, Leslyn Noble
The matter which was heard before Justice Dawn Gregory-Barnes on Friday dates back to January 19, 2016 when Better Hope, East Coast Demerara businessman, Richard Ramjit, was held at the Cheddi Jagan International Airport with $3M worth of jewellery.
According to the facts of the case, Ramjit was an outgoing passenger on the Dynamic Airways Flight #2D402 for New York, United States of America when he was searched by ranks of SOCU who found the gold valued at $3,943,360 in his possession. The businessman failed to declare the gold on his immigration departure card.
The precious metal was seized and detained by the Unit to facilitate an investigation. He was then charged. The gold was used as evidence by the prosecution and remains in the possession of SOCU.
Based on records at the Guyana Gold Board, the East Coast businessman was not a licensed gold dealer of the GGB and therefore was not legally permitted to export gold.
During the trial, Ramjit, who was represented by former Attorney General Anil Nandlall and Attorney Rajendra Jaigobin, filed a constitutional motion saying that the seizure of the gold was unlawful and contravened his fundamental right under Article 142 of Guyana’s Constitution.
Further, the defence contended that Ramjit’s arrest and detention at the CJIA which caused him to miss his flight was unlawful and contrary to the man’s right to leave Guyana which is guaranteed under Article 148 of the Constitution.
Ramjit’s lawyers argued that SOCU’s failure to arrest and detain other passengers as they did their client contravened Article 149 of the Constitution since other passengers were wearing similar and larger quantity of jewellery. It was argued that this was discriminatory treatment.
Moreover, the businessman sued for damages in excess of $10M for breach of the applicant’s fundamental rights and freedom guaranteed by the Constitution of Guyana.
However, despite these arguments, Justice Dawn Gregory-Barnes ruled that the seizure was in compliance with Article 142 of the Constitution and in accordance with Section 37 of the Anti-Money Laundering and Countering the Financing of Terrorism Act Cap 10:11.
The state was represented by Senior Legal Adviser Leslyn Noble, State Counsel, Joan Edghill-Stuart and Tracy Marks. Ms. Leslyn Noble is also Certified Anti-Money Laundering and Financial Crimes Prevention Professional.
The Judge in her ruling said that Sections 36 of the AML/CFT Act provides that a person who enters or leaves Guyana with foreign currency to more than US$10,000 or its equivalent in any other currency shall make a declaration.
Further, the Judge said that Section 8 of the Guyana Gold Board Act Cap 66:01 provides that no person shall sell any gold or purchase any gold from any person other than the Board or any authorised person in writing by the Board or export any gold.
In her judgement, the Judge said that the AML/CFT Act gives a police officer authorised by the Financial Intelligence Unit (FIU) or Customs Officer statutory powers to seize and detain suspicious imports or exports of currency of US$10,000 or its equivalent, where there is reasonable grounds for suspecting that it is currency derived from a serious offence.
Currency includes cash, gold, diamond and jewellery. The Judge held that Ramjit’s failure to declare the gold at the CJIA and to account for the gold found in his possession are reasonable grounds for suspecting that the businessman was involved in the commission of serious money laundering offences.
According to Justice Gregory-Barnes, the application for detention orders by SOCU officers was lawfully granted for the purpose of the investigation in compliance with the AML and CFT Act.
In April of last year, Ramjit was charged with the offences of knowingly falsifying document contrary to section (6)2 of the AML and CFT Act and exporting gold without license in contravention of Sections 7 and 8 of the Gold Board Act. These charges are still before the Chief Magistrate, Ann McLennan.
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