Latest update January 19th, 2025 7:10 AM
Jan 19, 2025 News
Kaieteur News- Prosecutors on Friday filed an application seeking access to embattled Assistant Commissioner of Police (ACP) Calvin Brutus’ Demerara Bank account records as part of an ongoing investigation into his alleged financial crimes.
Brutus, who is facing 250 charges related to financial misconduct, appeared at the Georgetown Magistrates’ Court before Acting Chief Magistrate Faith McGusty for further hearings on the case.
During the court proceedings, Prosecutor David Brathwaite requested a banker’s book order under Section 12 of the Evidence Act to obtain copies of financial documents from one of Brutus’ accounts. Brathwaite argued that this information was essential to proving the elements of the financial crimes for which Brutus has been charged. He emphasized that obtaining such records is a routine step in similar cases.
However, defence attorneys Dominick Bess and Eusi Anderson strongly opposed the application. Bess contended that the prosecution’s interpretation of the Evidence Act was flawed, arguing that the requested documents did not fall within the Act’s definition of a “banker’s book,” which includes items like cheques.
Further, Anderson presented a letter in court that he claimed was from the Director of Public Prosecutions (DPP), addressed to the head of the Special Organized Crime Unit (SOCU). Anderson told the court that the DPP had concluded that a suspicious transaction report (STR) generated from Brutus’ financial activities did not meet the threshold for criminal charges.
“The STR was submitted by the Financial Intelligence Unit (FIU),” Anderson explained, adding that the State’s failure to act on the DPP’s decision invalidated their current application. “This application forces the court to improperly assist the prosecution in their pursuit of evidence they never had to begin with,” Anderson stated.
Anderson accused SOCU of “fishing for evidence where none existed” and described the prosecution’s application as “embarrassing” and “dead on arrival.” He urged the court to reject the request, warning that granting it could set a dangerous precedent for the misuse of the court’s authority.
The defence continued to argue that the letter was central to their opposition. Anderson also clarified that the account in question was Brutus’ salary account, not one of the frozen accounts linked to the case.
In response, Prosecutor Brathwaite dismissed the relevance of the DPP’s letter, asserting that it pertained to earlier allegations and did not preclude the State from seeking additional financial records. Braithwaite further argued that the DPP’s findings were specific to earlier allegations and does not prevent the State from pursuing new records to strengthen its case.
Brathwaite also cited legal precedents where courts had granted similar applications in financial crime cases, stressing that such orders are neither unusual nor improper. He further emphasized the importance of obtaining the requested records to ensure justice in a case involving millions of dollars in alleged financial misconduct.
After hearing both sides, Magistrate McGusty did not rule on the application, but instead instructed the prosecution to provide specific details about the account in question at the next hearing scheduled for January 31 at 11:00 hrs. Both sides were also directed to submit relevant authorities ahead of the next session.
The legal proceedings against Brutus began in October 2024 with 30 charges, including misconduct in public office, larceny, and money laundering, for which he was granted $6.2 million bail. In November 2024, an additional 201 charges brought the total to 231, leading to a bail increase to $16.25 million. The charges stem from a SOCU investigation into alleged financial crimes involving the Guyana Police Force.
(State makes application to access bank account Brutus’ salary is deposited in)
Jan 19, 2025
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