Latest update December 11th, 2024 1:33 AM
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Revocation of gun licence for Rasul in order-Court
Gold Dealer: Saddiqi ‘Bobby’ Rasul
Chief Justice (Ag) Roxane George has upheld the decision made by former Police Commissioner Seelall Persaud to revoke firearm licences of embattled Gold Dealer, Saddiqi ‘Bobby’ Rasul, last year.
The ruling was handed down several months after the embattled gold dealer approached the High Court to challenge the revocation of firearm licences pertaining to the operation of his private security firm (SRS security services).
Last year, the businessman, of Prashad Nagar, Greater Georgetown and of First Avenue, Bartica, who is also the owner of SSS Minerals Trading Inc, was placed before the Court to answer a number of fraud charges.
Rasul was charged with six counts of fraud totalling $956M that was transferred into his bank accounts at the Guyana Bank for Trade and Industry (GBTI) Bartica branch without the proper procedures being followed.
He then became the subject of a money-laundering probe by the Special Organised Crimes Unit (SOCU) of the Guyana Police Force.
During the investigations, SOCU agents conducted a raid on the businessman‘s premises and seized a number of items including three CBR motorcycles, a Jet ski and a bag containing a quantity of ammunition.
It was during this time, that the police seized a number of weapons belonging to SRS Security Services. The firearm licences issued to the firm were shortly after revoked.
The businessman through his attorney, Nigel Hughes, filed an application in the High Court seeking to challenge the revocation.
In his application dated July 27, 2017, Rasul noted that he requested an Order of the Court directing the Commissioner of Police to show cause why the decision to revoke the licence of SRS Security Services should not be quashed.
Rasul contended the decision is ultra vires, null and void for reason that the Commissioner of Police did not obtain the expressed written approval of the Minister of Public Security prior to the revocation of the said licence as is required by the Private Securities Act.
The applicant also asked that the decision of the former ‘Top Cop’ to be deemed ultra vires and void, for reason that the Commissioner of Police did not afford him an opportunity to be heard prior to the revocation of the licence issued to SRS Security Services.
He therefore asked the Court to issue orders which would compel and direct the then Police Commissioner to reinstate SRS Security Services under the Private Securities Act. The applicant argued that SRS Securities Services satisfied all pre-conditions, for the grant of such a licence and has never breached any of the conditions under which the licence was issued.
In response to the charges by Rasul, a team of lawyers led by State Attorney, Judy Stuart-Adonis argued that the revocation of the Applicant’s licence was lawful and done in accordance with the powers vested in the Commissioner under Section 4(2) of the Private Security Services Act and Firearms Act, Cap. 16:05 Section 18 (8) (A).
The lawyers contended, too, that the revocation was done in accordance with the rules of natural justice.
The State noted that Rasul was asked to show cause in writing on or before the May 9, 2017, why his licence should not be revoked but he failed to provide any reason in light of the circumstances why his licences should not be revoked.
According to the State, the businessman failed to justify why his licences to SRS Security Services should not be revoked in light of the criminal charges of Obtaining Credit by False Pretence, contrary to Section 213 (2) of the Criminal Law (Offences) Act Cap.8:01 being laid against him.
Additionally, the lawyers noted that a written and expressed approval marked “approval granted”; bearing the Minister’s signature on June 15 2017 was granted by the Minister for the revocation of the licenses to SRS Security Services in accordance with section 4(2) of the Private Security Services Act.
The ruling handed down on Wednesday, outlined that Affidavit with exhibits produced by the State, the Minister of Public Security had lawfully approved of the revocation of the firearms of the Applicant and complied with section 4(2) of the Private Security Services Act.
The court also ruled that Rasul was given an opportunity to be heard but failed to show cause why his licences should not be revoked.
The court ruled that it was satisfied that the State had shown cause to the Order Nisi and discharged the application against the State.
Rasul was therefore ordered to pay the State costs in the sum of $100,000.
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