Brutus in High Court challenge of leave, barred from accessing gov’t services

Last Updated on Thursday, 17 October 2024, 17:59 by Writer

Assistant Police Commissioner, Calvin Brutus on Wednesday moved to the High Court to challenge the decision to send him on leave to make way for a probe into alleged financial crimes, saying he was never afforded the right to a fair hearing and that leaks to the media and social media have prejudiced any case against him.

Mr Brutus is seeking several declarations including one that the rules of natural justice were not observed as the allegations against the applicant were vague and were not afforded a fair opportunity to respond.

Another of the declarations being sought is against the Police Force’s Special Organised Crime Unit for exceeding its lawful power and authority by the unlawful and premature restraining of the Applicant’s and his family’s bank accounts, the manipulation of evidence, intimidation and harassment of witnesses and unlawful leaking of information to the media and social media.

In terms of orders, Mr Brutus is asking the High Court to injunct the government from continuing to obstruct and interfere with his lawful access to services with State agencies because it is unconstitutional, irrational, based upon irrelevant and extraneous considerations, contrary to the rules of natural justice, unreasonable, unlawful, null, void and of no effect.

In a writ filed against the Attorney General, Minister of Home Affairs, Police Service Commission, acting Police Commissioner, and the Special Organised Crime Unit, Mr Brutus for the first time indicated that he was sent on annual leave “due to allegations of my involvement in financial crimes.”

The Guyana Police Force had said on July 11, 2024 that Mr Brutus requested permission to proceed on annualised vacation leave with immediate effect to facilitate an investigation in the best interest of that law enforcement agency. In the court papers, he said he initially objected but later applied for the leave.

Mr Brutus is requesting a High Court declaration that the Police Commissioner exceeded his lawful power or authority on July 4, 2024 when he transferred the police officer from the position of Deputy Commissioner ‘Administration’ to Head of Special Branch due to political directives and improper administrative procedures. He said the Police Commissioner took the decision to allow Assistant Police Commissioner Ravindradat Budram to get experience in police administration,

Additionally, he said the High Court was being asked to declare that Guyana’s cabinet exceeded its legal power or authority when they asked Police Commissioner Clifton Hicken to send him (Mr Brutus) on annual leave due to his alleged involvement in financial crimes.

The police officer is also being asked to declare that the Minister of Home Affairs exceeded his legal powers by formally asking the Police Commissioner in a letter dated August 21, 2024 for him (Brutus) to proceed on leave immediately; the Police Service Commission similarly exceeded its legal powers and authority by sending a letter dated August 29, 2024 to the Police Commissioner for Mr Brutus to proceed on leave from August 22.

If Mr Brutus and his battery of lawyers get their way, they would be able to secure another High Court declaration that the investigation is inherently biased and irreparably tainted due to overwhelming and undue publicity, which has prejudiced public perception and undermined the presumption of innocence, thereby rendering the investigation fundamentally unfair in breach of his constitutional rights.

Also being sought from the court are declarations that the investigation is compromised due to political interference by some Government officials; government’s actions in preventing Mr Brutus from accessing services from State Agencies constitute harassment and a violation his constitutional rights; the Permanent Secretary, Ministry of Home Affairs acted ultra vires in refusing the applicant’s request for overseas leave in a letter dated July 15, 2024 and a violation of his constitutional rights.

Mr Brutus also wants orders quashing those decisions to transfer him from the position of Deputy Police Commissioner ‘Administration’ because it is contrary to the Police Force’s Standing Orders, as well as decisions by the Minister of Home Affairs and the Police Service Commission to send him on leave.

The Assistant Police Commissioner said the Vice President and President continue to interfere with SOCU’s investigation directly and through media and social media statements that are “inimical to the investigation.”