ACP Calvin Brutus Challenges Disciplinary Tribunal in High Court

By Mark DaCosta- Assistant Commissioner of Police (ACP) Calvin Brutus has moved to the High Court to contest the appointment of a Discipline Tribunal tasked with investigating him for alleged breaches of conduct. This challenge comes amid a complex legal battle in which Brutus faces over 260 criminal charges linked to financial crimes, including money laundering and misconduct in public office.

The ACP, who is currently on administrative leave, believes the formation of the Tribunal may be a step towards his dismissal from the Force. His legal team, led by attorneys Eusi Anderson and Darren Wade, argues that the Tribunal’s creation violates his constitutional rights and fails to adhere to proper legal and procedural standards.

Brutus claims that his right to due process has been breached by the actions of the Police Service Commission (PSC), which established the Tribunal. His court filing highlights that he was not formally served any summons or notice regarding the Tribunal’s actions except for receiving a bundle of documents from Deputy Commissioner of Police Errol Watts, which included a letter about the Tribunal’s formation. He further states that he learned of the Tribunal’s first hearing, scheduled for January 22, 2025, through the media.

At the time of the hearing, Brutus was reportedly unwell and consulted Dr. Ravi Motilall, who granted him 14 days of sick leave. This sick leave was submitted to the PSC. However, after the doctor appeared before the Tribunal and was questioned about Brutus’ medical condition, Dr. Motilall withdrew the sick leave certification.

Brutus maintains that he was never formally served with a summons to appear before the Tribunal. He only became aware of claims that he was evading the Tribunal when contacted by journalists. The charges being investigated by the Tribunal include two counts of conduct prejudicial to good order and discipline, which Brutus argues overlap with numerous charges he is already facing in the Magistrates’ Court.

The Assistant Commissioner contends that the Tribunal proceedings, which are based on charges stemming from the same set of facts as his criminal case, could negatively impact his ongoing criminal trial. He fears that participating in the Tribunal may be seen as hostile or uncooperative, potentially prejudicing his defence in court. Additionally, Brutus asserts that the state is pursuing a conviction in both the criminal courts and the court of public opinion through the Tribunal’s inquiry.

Through his legal challenge, Brutus is seeking several outcomes from the High Court. He is requesting a declaration that any summons compelling him to appear before the Tribunal would violate his constitutional rights. He is also asking the court to rule that the Tribunal has no authority to compel witnesses or parties to attend proceedings when they are simultaneously facing criminal charges related to the same facts. Furthermore, Brutus is seeking an injunction to prevent the Tribunal from proceeding with its investigation and is demanding damages exceeding $100 million.

This case marks a significant chapter in the ongoing legal troubles of ACP Brutus, whose position within the Guyana Police Force remains uncertain pending the outcome of both the Tribunal’s investigation and the criminal charges he faces in court.

The legal troubles surrounding ACP Calvin Brutus first came to public attention in late 2023, when he was slapped with numerous criminal charges, including serious accusations of money laundering, obtaining money by false pretence, misconduct in public office, and larceny. Brutus, a high-ranking officer with 25 years of service in the Guyana Police Force, was granted bail following his arrest, although he faced several bail conditions, including regular reporting to police and refraining from leaving the country without prior approval.

Further complicating matters, Brutus initiated civil proceedings against senior members of the Guyana Police Force and the Special Organised Crime Unit (SOCU), accusing them of misconduct and seeking damages exceeding $400 million. His case continues to unfold as both his criminal charges and civil claims progress through the legal system. With over 200 charges related to financial crimes still pending, the final outcome of these proceedings could have far-reaching consequences for Brutus, his career, and the reputation of the Guyana Police Force.

The matter remains under scrutiny, with both public and legal observers closely following the developments in the case of one of the country’s top law enforcement official