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Ruling on access to Brutus’ bank accounts further delayed
Kaieteur News-Acting Chief Magistrate Faith McGusty on Friday postponed her ruling on the Special Organised Crime Unit’s (SOCU) application to gain access to additional bank records belonging to former Assistant Police Commissioner Calvin Brutus.
The decision, initially expected on Friday, was delayed after defense attorneys raised objections and additional submissions were requested.
Former Assistant Commissioner of Police Calvin Brutus
Brutus, along with Contractor Corwin Nicholson, face several charges in the financial crime case. Nicholson was charged alongside Brutus, while businessman Asif Zafarally, Latoya Brummel, and Sergeant Kevin George were also required to appear in court.
Brutus, Brummel, and Nicholson are jointly charged with seven counts of conspiracy to commit a felony and obtaining by false pretense. The charges allege that, between December 1, 2023, and January 31, 2024, at the Guyana Police Force (GPF) headquarters at Eve Leary, Kingston, Georgetown, the trio conspired to defraud the State. They are accused of unlawfully collecting substantial sums—ranging from $14 million to $14.8 million—on multiple occasions for goods that were never delivered.
On Friday, Defense Attorney Dommick Bess challenged SOCU’s application to access the bank records. He referenced past legal precedents, specifically Barker v. Wilson and Williams v. Williams, where magistrates had rejected similar requests. According to Bess, the concept of a “banker’s book” originates from the 1800s and does not encompass modern banking records, especially the transaction statements that SOCU sought.
Bess argued that SOCU’s request was overly broad and did not fit the traditional definition of a banker’s book under the Evidence Act. He was granted additional time to submit written responses in support of his argument. Bess also raised concerns about not personally receiving the application, which led to the delay in the ruling.
Attorney Everton Singh-Lammy, representing Asif Zafarally, also made requests for the disclosure of additional materials, including statements from key individuals such as Brutus’s mother-in-law, Patricia Thomas.
Sergeant Latoya Brummel
In response, Prosecutor Braithwaite maintained that modern banking records, including transaction statements, are integral to routine banking operations and should be accessible under the law. He emphasized the importance of these records for SOCU’s ongoing investigation. Braithwaite also expressed frustration with the timing of the defense’s submissions, stating, “My friend has come here today, at the time of judgment, to make submissions at this last stage.”
Given these developments, Braithwaite requested additional time to review the application and provide a response to the defense’s arguments.
In regard to Lammy’s requests for further disclosure, the prosecution clarified that they did not possess some of the statements requested, as certain individuals had not made themselves available for questioning. Additionally, some of the materials requested by the defense did not exist based on the investigation’s findings.
Lammy responded by asking if the prosecution would make the necessary disclosures, to which Braithwaite confirmed, stating, “Yes, as long as they are available.” Lammy, in turn, remarked, “Only a fool would charge someone without having sufficient evidence or records against them.”
Businessman Corwin Nicholson
The Chief Magistrate advised the prosecution to make every effort to obtain and provide the requested materials where possible. Given the ongoing developments and requests for additional time, the matter was adjourned to February 28, 2025, giving SOCU time to respond to the defense’s submissions.
Brutus, Nicholson, Zafarally, Brummel, and Sergeant George are all required to return to court on that date.
(Ruling on access to Brutus’ bank accounts further delayed)
- Acting Chief Magistrate, Calvin Brutus, Faith McGusty, former Assistant Police Commissioner, Special Organised Crime Unit’s (SOCU)
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