Tribunal appointed to probe disciplinary charges against Brutus

Jan 24, 2025 News

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Kaieteur News- The Police Service Commission (PSC) has appointed a special tribunal to investigate a series of serious disciplinary charges against embattled Assistant Commissioner of Police (ACP), Calvin Brutus.

Brutus, who is facing over 240 criminal charges in the Georgetown Magistrates’ Court, is under scrutiny for allegations of misconduct during his tenure as Deputy Commissioner of Police, from August 2020 to July 2024. The tribunal was convened on Wednesday.

The Tribunal consists of Shoshanna V. Lall as Chairman, with Attorney, Keoma Griffith and former Commissioner of Police, Seelall Persaud as Members. The Tribunal’s administrative affairs will be managed by Hugh Park, Attorney-at-Law, who has been appointed as Secretary to the Tribunal, while Bernard da Silva, Attorney-at-Law, will serve as Counsel to the Tribunal.

This Tribunal comes less than two weeks after Brutus filed a lawsuit against the Government, challenging the “Diversity Policy” of the Guyana Police Force (GPF). Brutus accuses the institution of racial discrimination and other related violations, seeking $1.6 billion in damages for the alleged infringement of his constitutional rights, including the right to equal protection and freedom from racial discrimination under Articles 149D of the Constitution.

In a statement on Thursday, the commission outlined the legal framework under which the Tribunal operates and provides specific details regarding the charges levelled against Brutus. The charges against Brutus include two counts of “Conduct prejudicial to good order and discipline” under Section 4 (z) of the Police (Discipline) Act, Chapter 17:01. The first charge stems from Brutus’ involvement in directing a payment of $13,670,204 from the Guyana Police Force’s Welfare Fund, a payment made in violation of the Force’s Standing Order 36. The second charge involves falsifying records at the Quartermaster Stores, where Brutus is accused of creating false documentation to suggest that goods valued at $101,431,050 had been delivered by Corwin Nicholson trading as 3D Construction, resulting in fraudulent payments.

In response to these allegations, the Tribunal confirmed that it will not interfere with any criminal proceedings Brutus is currently facing before the Magistrates’ Court. “The Tribunal does not intend, in any way, to infringe on those proceedings, and/or on Mr. Brutus’ right to properly defend himself before that forum,” the statement clarified.

However, the PSC noted that all proceedings of the Tribunal will be conducted in-camera, and media representatives will be excluded from the hearings. “Given that these are internal police disciplinary charges, all proceedings will be conducted in-camera, and to the exclusion of the media,” the PSC confirmed.

Despite the commencement of hearings, the Tribunal reported that Brutus failed to attend the scheduled sessions. On January 22, 2025, Brutus submitted a medical certificate claiming that he was suffering from back pain and muscle strain and would be incapable of work for 14 days. He requested that the hearing be rescheduled for a date after February 2, 2025. However, upon summoning the doctor who issued the certificate, the Tribunal was informed that the symptoms described by Brutus were not severe enough to prevent him from attending the hearing either in person or virtually.

In the recall letter dated January 23, 2025, the doctor stated that upon appearing before the Tribunal, he realized that the medical certificate may have been used to avoid appearing at the inquiry. “Mr. Brutus’ current condition does not incapacitate him mentally or confine him to bed,” the doctor stated. He further explained that he was unaware that Brutus was scheduled to appear on January 22, 2025, when he issued the certificate.

Despite this clarification, Brutus again failed to attend the hearing yesterday, after being served with a summons. The Tribunal expressed its concern regarding Brutus’ repeated attempts to evade the proceedings. The Tribunal considers these actions as “flagrant and clandestine efforts to avoid appearing before the Tribunal,” the statement noted.

As a result, the Tribunal has re-issued a summons for Brutus to appear on January 27, 2025, at 09:00 hrs, either virtually or in person. The statement concluded with a reminder that the Tribunal’s mandate is limited to 28 days from January 22, 2025, unless extended by the PSC. “It is hoped that these proceedings can be completed within a reasonable timeframe to allow the Tribunal to deliberate and prepare its report,” the PSC added.

According to the PSC’s statement, the Commission is vested with the power to exercise disciplinary control over individuals holding or acting in offices above the rank of Inspector within the Guyana Police Force. It also highlighted the framework provided under Article 212 (6) of the Constitution, which grants Parliament the power to legislate on offences against police discipline. “Any power to exercise disciplinary control (including any power to remove a person from office) shall be exercised in accordance with any such provision,” the statement specified.

(Tribunal appointed to probe disciplinary charges against Brutus)

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• Calvin Brutus, disciplinary charges, PSC, Tribunal

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