Calvin Brutus skips PSC tribunal hearing on misuse of GPF welfare funds, record falsification charges

0
Assistant Police Commissioner Calvin Brutus

The tribunal proceeding set up by the Police Service Commission (PSC) to probe the allegations of misconduct and breaches by Assistant Commissioner of Police Calvin Brutus has been delayed after the embattled cop failed to attend a scheduled hearing on Thursday, January 22, 2025.

See below for the full statement issued today by Police Service Commission Tribunal: 

1. The Police Service Commission, an independent constitutional body, established by Article 212 (1) of the Constitution of the Cooperative Republic of Guyana, is vested with the power to, inter alia, exercise disciplinary control over persons holding or acting in offices above the rank of Inspector of Police of the Guyana Police Force.

2. In accordance with Article 212 (6) of the Constitution, Parliament may make provision with respect to offences against Police Force discipline and the punishment that may be imposed for any such offence. Further, by virtue of the said Article 212 (6), any power to exercise disciplinary control (including any power to remove a person from office) shall be exercised in accordance with any such provision.

3. Such power may be exercised by any person or authority as duly delegated and appointed by the Police Service Commission pursuant to section 6 (15) of the Police (Discipline) Act, Chapter 17:01 of the Laws of Guyana.

4. In accordance with the aforementioned powers conferred on the Police Service Commission by the Constitution of Guyana and the Police (Discipline) Act, the Commission appointed a Police Service Commission Tribunal, comprised of Ms. Shoshanna V. Lall as Chairman and Mr. Keoma Griffith and Mr. Seelall Persaud as Members.

5. The Tribunal was furnished with Terms of Reference and a Disciplinary Charge Sheet from the Police Service Commission, in accordance with which a Breach of Discipline Notice was prepared and served on Mr. Brutus.

6. Pursuant to the said Terms of Reference, the Tribunal is charged to inquire into and report on allegations of offences against breaches of discipline and discreditable conduct committed by Calvin Brutus, Assistant Commissioner of Police, while performing the functions of Deputy Commissioner of Police, in the Guyana Police Force, during the period August 2020 and July 2024.

7. The disciplinary offences for breach of the Police (Discipline) Act, Chapter 17:01 with which Mr. Brutus is specifically charged are:

STATEMENT OF OFFENCE

(1) Conduct prejudicial to good order and discipline contrary to section 4 (z) of the Police (Discipline) Act, Chapter 17:01

PARTICULARS OF OFFENCE

Defaulter, on the 11th January 2024, gave instructions for payment of goods procured by the Government of Guyana for the Guyana Police Force, in the sum of thirteen million six hundred and seventy thousand two hundred and four dollars ($13,670,204.00), to be made from the Guyana Police Force’s Welfare Fund in violation of Standing Order 36 of the Guyana Police Force.

STATEMENT OF OFFENCE

(2) Conduct prejudicial to good order and discipline contrary to section 4 (z) of the Police (Discipline) Act, Chapter 17:01

PARTICULARS OF OFFENCE

Defaulter, during the month of December 2023, caused records at the Quartermaster Stores of the Guyana Police Force to be falsified, purporting to show that goods in the value of one hundred and one million four hundred and thirty-one thousand and fifty dollars ($101,431,050.00) were delivered by Corwin Nicholson trading as 3D Construction to the Guyana Police Force, knowing same to be false, thereby causing payments in the said sum to be made.

8. The Tribunal is aware that Mr. Brutus has been criminally charged and that these matters are pending before the Magistrate’s Court. It therefore, does not intend, in any way, to infringe on those proceedings, and/or on Mr. Brutus’ right to properly defend himself before that forum. In the discharge of its duties, the Tribunal commits to upholding the Rule of Law and principles of natural justice.

9. Given that these are internal police disciplinary charges, all proceedings will be conducted in-camera, and to the exclusion of the media, as is the precedent and long-standing practice in such matters. Members of the media will therefore not be allowed inside the space designated for the Inquiry. Recordings, save for the official transcription services, are strictly prohibited.

10. Mr. Hugh Park, Attorney-at-Law, has been appointed Secretary to this Tribunal. Should anyone wish to bring anything to the attention of the Tribunal, Mr. Park may be contacted. Additionally, Mr. Bernard da Silva, Attorney-at-Law, has been appointed Counsel to the Tribunal and shall assist us in this Inquiry.

11. We are informed by Counsel that there has been disclosure to Mr. Brutus of the witnesses who will appear before the Tribunal, and further, that Mr. Brutus has been informed of his right to retain Counsel for the duration of these proceedings.

12. On the 22nd January, 2025, the Tribunal convened to commence its hearings with Counsel to the Tribunal and witnesses present. There was no appearance by Mr. Brutus. The Tribunal then received a letter addressed to the Police Service Commission dated 22nd January 2025, to which was attached a Medical Certificate dated 21st January 2025, stating that Mr. Brutus had suffered back pain and muscle sprain and “will be incapable of work for 14 days”. Mr. Brutus accordingly asked for “a date after February 2, 2025.” Mr. Brutus is currently on administrative leave from the Guyana Police Force.

13. Having considered the letter from Mr. Brutus, the Tribunal summoned the doctor to appear before the Tribunal in relation to the Medical Certificate. The doctor appeared on the said 22nd January 2025 and gave evidence before the Tribunal that the symptoms described to him by Mr. Brutus were not severe, and further, not of any nature to prevent him from appearing immediately before the Tribunal either in-person or virtually.

14. By letter dated 23rd January 2025, the doctor “recalled with immediate effect”, the said Medical Certificate. The recall letter, dated 23rd January 2025, stated that having been summoned to the Tribunal, the doctor realized that the sole purpose of Mr. Brutus securing the Medical Certificate may have been to avoid appearing before the Tribunal. The doctor gave evidence, and in the recall letter stated, that he was unaware prior to appearing before the Tribunal yesterday, that Mr. Brutus was scheduled to appear before the Tribunal on 22nd January 2025. The recall letter stated that Mr. Brutus’ current condition does not incapacitate him mentally or confine him to bed.

15. On the said 22nd January 2024, having considered the evidence of the doctor, the Tribunal issued a summons for Mr. Brutus to appear before the Tribunal at 13.00Hrs on 23rd January 2025. After several failed attempts at personal service of the summons, the Summons was served on Mr. Brutus at his Police Officers’ Mess Compound, Police Headquarters, Eve Leary apartment.

16. On 23rd January 2025, the Tribunal convened at 13:00Hrs. Again, Mr. Brutus and/or his legal representative(s) failed to appear. The Tribunal considers these actions, being the constant attempts by Mr. Brutus to evade service and his continued non-appearances before the Tribunal, as flagrant and clandestine efforts to avoid appearing before the Tribunal to answer to the disciplinary charges.

17. The Tribunal accordingly re-issued a summons for Mr. Brutus to appear before it on Monday 27th January, 2025 at 9:00am, whether virtually or in-person.

18. The life of this Tribunal expires at the end of 28 days from 22nd January 2025, save for any extensions granted by the Police Service Commission. It is hoped that these proceedings can be completed within a reasonable timeframe to allow the Tribunal to deliberate and prepare its report in writing and submit same to the Police Service Commission, as its Terms of Reference require.

 

---