PSC explains decision to dismiss ACP Brutus from GPF

See full statement from the Police Service Commission:

Today, the Police Service Commission, having considered a Report of a Tribunal appointed by the Police Service Commission, and based upon recommendations of that Tribunal, dismissed Mr. Calvin Brutus, Assistant Commissioner of Police from the Guyana Police Force.

The Tribunal was appointed by the Police Service Commission pursuant to Article 212 (6) of the Constitution of the Cooperative Republic of Guyana and section 6(15) of the Police (Discipline) Act, Chapter 17:01. In accordance with its Terms of Reference, the Tribunal was required to inquire into and report on allegations of offences against discipline, breaches of discipline and discreditable conduct allegedly committed by Calvin Brutus, Assistant Commissioner of Police, while performing the duties of Deputy Commissioner of Police-Administration, in the Guyana Police Force during the period of August 2020 and July 2024. The Tribunal comprised of Ms. Shoshanna V. Lall as Chairman and Mr. Keoma D. Griffith and Mr. Seelall Persaud as Members.

In particular, the Tribunal was tasked to inquire into the following disciplinary offences, allegedly committed by Mr. Brutus while performing his functions as Deputy Commissioner-Administration, contrary to the section 4 (z) of the Police (Discipline) Act, Chap. 17:01.

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

Particulars of Offence:

That the defaulter (Calvin Brutus), on the 11th day of 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; and

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

Particulars of Offence:

That the defaulter (Calvin Brutus), 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.

These disciplinary charges were set out in the Disciplinary Charge Sheet of the Police Service Commission, and forwarded to the Tribunal pursuant to its Terms of Reference.

The seat of the Tribunal, where it conducted its Inquiry hearings, was at 95 Middle Street, Georgetown. Mr. Brutus was served with Notice of the proceedings and attendant documents, including the Breach of Discipline Notice, notifying him of the proceedings, Disciplinary Charge Sheet, and witness statements of intended witnesses. He was also served with a letter from the Police Service Commission informing him of the date, time and place of hearing. By these documents, Mr. Brutus was also explicitly informed of his right to represent himself or be represented by Counsel or a representative of his choice before the Tribunal.

Despite all of this, when the Inquiry hearings commenced on 22nd January 2025, there was no appearance by or for Mr. Brutus. Instead, Mr. Brutus submitted a Medical Certificate which was promptly withdrawn, as the evidence established that Mr. Brutus misled the doctor.

Having considered the evidence of the doctor, the Tribunal issued a summons dated 22nd January 2025 for Mr. Brutus to appear before it 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. On 23rd January 2025, the Tribunal convened at 13:00Hrs. Again, Mr. Brutus and/or his legal or other representative(s) failed to appear.

The Tribunal accordingly re-issued a summons dated 23rd January 2025, served on Mr. Brutus and his Attorneys-at-Law, for Mr. Brutus to appear before it on Monday 27th January 2025 at 9:00Hrs, whether virtually or in-person. Again, neither he nor his representatives appeared.

Based on the Tribunal’s Report, it was abundantly clear that the principles of due process, fairness and natural justice were extended to Mr. Brutus who chose not to avail himself of these facilities.

Mr. Brutus was given a fair opportunity to be heard and represented; every effort was made to facilitate a fair inquiry and to secure his presence and participation; and despite service of the proceedings, and the two (2) Summonses to Appear, ACP Brutus chose not to appear.

By adopting the course he did, ACP Brutus, by his own actions/inactions, denied himself the opportunity to appear before the Tribunal to advance his defence, and or to test and or challenge the evidence of witnesses appearing in relation to the allegations contained in the particulars of the charges.

Given all of the foregoing, the Tribunal proceeded to inquire into the two (2) disciplinary charges before it, in the self-elected absence of ACP Brutus and or any representative. From the Report, we note that the proceedings were always intended to be inter partes, and this position remained throughout the hearings.

A total of twenty-one (21) witnesses, including the Commissioner of Police, gave evidence before the Tribunal, between 22nd January 2025 and 3rd February 2025. All witnesses who testified before the Tribunal in relation to the two (2) disciplinary charges against Mr. Brutus are serving members of the Guyana Police Force. The Report disclosed that all relevant due process was observed in relation to the conduct of the inquiry.

From the Tribunal’s Report, the evidence was cogent and compellingly overwhelming against Mr. Brutus in relation to the disciplinary charges. It related how Mr. Brutus abused his position of power and his authority as a senior member of the Guyana Police Force to coerce junior and other ranks of the Force to violate established practices, Standing Orders and laws in relation to the procurement of goods and payment to suppliers and or purported suppliers.

It established a pattern of planned, deliberate and reprehensible conduct of, at a minimum, undue influence, and worst, coercion and duress, exerted by Mr. Brutus on ranks under his subordination and charge, to breach established practices, Standing Orders and laws, in order to defraud the Guyana Police Force of millions of dollars.

In fact, from the evidence, the Tribunal found that in a single day, Mr. Brutus, in an undisputed abuse of power and authority, caused over one hundred and fourteen million dollars ($114,000,000.00) to be unlawfully paid out of the budgetary allocation, and Welfare Fund of the Guyana Police Force, to companies with which he had personal and or direct and or indirect affiliation, as follows:

(1) On the first charge, the Tribunal found that the sum of thirteen million six hundred and seventy thousand two hundred and four dollars ($13,670,204.00) was siphoned out from the Police Welfare Fund, on the direct instructions of Mr. Brutus, for the payment of goods supplied by Triple ‘A’ Depot, a business registered in the name of Adonika Aulder, the wife of ACP Brutus. The Police Welfare fund is a fund to which members of the Police Force contribute monthly from their salaries, and is a fund established for the welfare and needs of members of the Force. It is not for the payment of goods procured for the Guyana Police Force.

(2) On the second charge, the Tribunal found that Mr. Brutus caused records to be completely fabricated and falsified to show that goods were delivered to the Guyana Police Force by Corwin Nicholson trading as 3D Construction, in the value of one hundred and one million four hundred and thirty-one thousand and fifty dollars ($101,431,050.00). These goods, ‘Uniform Items’, were never delivered to the Guyana Police Force but were paid for by taxpayers out of the Force’s budget.

Based on the evidence, the Tribunal deliberated, and as stated in its Report, unanimously found Mr. Brutus guilty of the two (2) offences against discipline to the prejudice of the good order and discipline of the Guyana Police Force, and contrary to section 4(z) of the Police (Discipline) Act, Chapter 17:01.

The Police Service Commission thoroughly reviewed the Report and unanimously concluded that the inquiry established Mr. Brutus’ culpability regarding the two (2) disciplinary charges against him. Mr. Brutus’ conduct in the commission of the two (2) disciplinary offences were of such gravity that the Commission considers his dismissal desirable in the public interest, and in the interest of maintaining public confidence, accountability and integrity in the Guyana Police Force.

Acting in accordance with the powers vested in it by the provisions of the Constitution of the Cooperative Republic of Guyana and the Police (Discipline) Act Cap 17:01, in particular, paragraph 1 (h) of the Schedule thereto, the Police Service Commission, by letter dated 5th February 2025, dismissed Mr. Brutus from the Guyana Police Force, effective 5th February 2025.