Asst. Police Commissioner Brutus faces hundreds of charges involving almost GY$1 billion

Last Updated on Friday, 18 October 2024, 14:55 by Denis Chabrol

Assistant Police Commissioner of the Guyana Police Force, Calvin Brutus is facing 240 “impending” charges totalling about GY$800 million, Head of the Guyana Police Force’s Special Organised Crime Unit (SOCU), Assistant Police Commissioner Fizul Karimbaksh says in court documents.

“I further contend that this investigation is significant and encompasses over 240 impending charges for alleged violations” of the Anti-Money Laundering and Countering of Financing Terrorism Act, Fiscal Management and Accountability Act, Police Act, Police (Discipline) Act and the Integrity Commission Act “and involves approximately $800 million which is the subject matter of these impending charges,” Mr Karimbaksh said.

The disclosure was made in Mr Baksh’s affidavit to support the State’s now successful argument that Mr Brutus should not be allowed to accompany his wife, Adonika Aulder, to the United States for her to receive medical attention. They were due to leave on October 19, 2024 but High Court Judge, Gino Persaud refused the application.

Other court documents related to a freezing order show that Mr Brutus, his wife and minor child have a total of nine bank accounts with an accumulating balance of about GY$500 million in just over a year. Mr Brutus’ salary from the Guyana Police Force is GY$491,487 and his salary account has GY$1,058,457.  Records show Mr Brutus has a two-year old registered business named Kytus General Contracting & Holdings Inc. The court records state that Ms Aulder owns two businesses, both registered in 2023.

According to an affidavit by the Head of SOCU, Mr Brutus withdrew GY$63,752,000 less than one month before the freezing order was granted and went towards the balancer of a purchase price of a property in Alberttown, Georgetown.

SOCU alleged that Ms Aulder supplied goods to the Guyana Police Force and the Guyana Police Consumers Cooperative Society Limited, with her, together with him, utilising his office to conduct certain illicit transactions in the names of South Quata Contracting & General Supplies Inc and Triple A Depot. SOCU further alleged that South Quata Contracting & General Supplies Inc, which was registered in October 2023, holds a Republic Bank Guyana account funds of $243,398,370 and Triple A Depot, registered in June 2023, holds a Republic Bank Guyana account with funds of $108,683,945.

“Based on the ongoing investigation, I aver that the monies in the aforementioned accounts are suspected of being proceeds of crime and it
is suspected that the Second Named Applicant committed a serious offence contrary to the AML and/or colluded with the First Namedfrom offsetting her business and living expenses.

Together Mr Brutus, his wife, his child and their businesses have a total of GY$439,024,229, according to an affidavit by the SOCU Chief.

The SOCU Chief told the Court in his affidavit that investigators feared that he would not return to Guyana if he was granted permission to leave. “There is a real likelihood that he may abscond to avoid impending charges and being brought to justice.”

The Head of SOCU admitted that the High Court issued freezing orders on July 18 and October 3, 2024 on the assets in the names of Mr Brutus, his wife and minor son to “prevent the dissipation of assets potentially linked to criminal activity.” Mr Karimbaksh, however, said that Mr Brutus’ salary account was not frozen and so he is allowed to access funds for “reasonable” business and daily living.

Concerning the position by Mr Brutus and his wife that they provided “overwhelming evidence” to justify the legitimate source of funds in the frozen bank accounts, the SOCU Head so those were the subject of the investigations and would be left for the court to decide.

Mr Karimbaksh denied that the applicants were not a flight risk and said the recommendations for the more than 240 charges were awaiting advice from the Director of Public Prosecutions.

The SOCU Head pointed to a contradiction between the grounds for a variation of the freezing order and Mr Brutus’ ability to fund a trip for himself and wife to the United States and seek medical attention. He said Mr Brutus asked the High Court for a variation of the freezing order because he was experiencing “significant financial strain and he is unable to offset living expenses”. Mr Baksh  said Mr Brutus sought permission from the court to leave Guyana with his wife for “unsubstantiated reasons” and “grave” financial difficulties.

According to the country’s financial crimes chief, Mr Brutus never informed the court that he has access to his salary account, and he has npt provided any evidence of his “pressing” legal issues or “other personal matters” which cannot be conducted virtually or remotely.

With regard to the argued grounds of the need for medical  attention by Mr Brutus’ wife, Mr Karimbaksh objected, saying that an exhibit ‘Obstetrics New Patient with Cindy Etienne, NP’ amounts to inadmissible hearsay since the nature and source of the document is unknown. “It represents no more than a generically generated appointment date of 23rd October 2024 with the said Dr. Etienne at Kings County Hospital, Brooklyn, New York, United States, with no correlation whatsoever” to Mr Brutus or his wife.

He also said Ms Aulder provided no evidence whatsoever that the medical services she allegedly seeks in the United States are  unavailable in Guyana, whether in the public or private health sector.

Also frozen ae bank accounts at Demerara Bank, New Building Society, Republic Bank in the name of Ms Aulder totalling GY$400 million which are suspected to be “tainted property” for the purposes of money laundering investigations against the couple, said Mr Karimbaksh in relying on information from the Head of the Financial Intelligence Unit, Matthew Langevine.

The High Court on Friday refused an application by Assistant Police Commissioner,  Calvin Brutus to accompany his wife to the United States for pregnancy-related medical attention.

Mr Brutus wanted to leave Guyana with his wife on Saturday.

The Court refused the application based on the seriousness of the allegations and the fact that he did not apply to the Permanent Secretary of the Ministry of Home Affairs to leave Guyana.

The judge refused the application after hearing arguments from Deputy Solicitor General, Shoshanna Lall that Mr Brutus has 240 pending charges for financial crimes.

In response to Mr Brutus’ lawyer, Earl Daniels’ argument that his client was never questioned by investigators of the Special Organised Crime Unit, Ms Lall informed the Court that he and the Head of SOCU, Fizal Karimbaksh reside next to each other in the Police compound.

“It defies logic,” Justice Persaud remarked yo which Ms Lall said “it does indeed, Your Honour”.

Mr Brutus went on annualized leave in July and was afterwards placed on administrative leave.

Mr Daniel’s said if Mrs Brutus could not leave on Friday she would have to await another doctor’s appointment in May, 2025. She is due for delivery in March, 2025.

Mr Daniel’s said “no comment” when asked by Demerara Waves whether he would be appealing Justice Persaud’s decision.