A High Court judge has denied Assistant Police Commissioner (ag) Calvin Brutus’ request to leave Guyana for the United States with his pregnant wife, Adonika Aulder, who requires medical care.
The refusal, handed down by Justice Gino Persaud on Friday, came amid the revelation that Brutus is facing 240 charges related to financial misconduct.
Brutus, who had sought permission to travel on Saturday, was denied after Deputy Solicitor General Shoshanna Lall informed the court of the serious nature of the allegations against him.
Lall also highlighted that Brutus had not sought the proper clearance from the Ministry of Home Affairs to leave the country.
“The volume and gravity of the charges against you are troubling,” Justice Persaud stated as he delivered his decision, rejecting Brutus’s request.
Brutus has been on annual leave since July and was subsequently placed on administrative leave.
His lawyer, Earl Daniels, argued that Brutus’s wife is expecting their child in March 2025, and without the requested travel, she may have to wait until May 2025 for another medical appointment.
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THE STATE’S ARGUMENTS:
It is on this basis that the State grounded its opposition to the Applicants being granted permission to leave the jurisdiction, given the breadth of the ongoing investigation and the gravity of the impending 240 charges against Mr. Brutus and his wife.
The State also argued that Article 148 of the Constitution, upon which Mr Brutus relied, citing that his right to freedom of movement had been restricted, is not an absolute right and is subject to numerous limitations. One such limitation is that public servants, including Mr. Brutus, are required to seek and obtain leave of their Permanent Secretaries before they can leave the jurisdiction.
Counsel for Mr. Brutus admitted that no such request was made or approval obtained for Mr. Brutus to leave the country as he wishes from 19th October to 27th October, 2024. The State argued that the Application before the Court was premature, Mr. Brutus having skipped that step before invoking its jurisdiction. The Honourable Court agreed.
The State further argued that Mr. Brutus and his wife provided no evidence whatsoever that the alleged medical treatment his wife seeks is not available in Guyana or that there are special circumstances warranting their travel to the United States, in light of the impending 240 charges. Justice Gino Persaud highlighted this grave deficiency in the Applicants’ case, stating that the Court cannot consider evidence from the bar table through Mr. Brutus’ lawyer who attempted to produce medical documents from a local private hospital.
10.The State further argued that all these matters pose Mr. Brutus and his wife as a flight risk, arguing that they may well abscond and not return given the 240 charges that will soon be laid against them.
Counsel for the State highlighted to the Court that this matter has garnered significant public interest given that there is no officer of the status of Mr Brutus in recent history who has been the subject of such an egregious investigation involving over $800 million in offences against the laws of Guyana. The State contended that it is in the public interest that the Applicants be refused
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permission to leave the jurisdiction given that their physical presence is required for the successful prosecution of the offences.
The State argued that given the nature and seriousness of these alleged offences, and the impending 240 charges, there is a great likelihood that the Applicants may abscond to avoid prosecution. It was pointed out to the Honourable Court, as a demonstration of the seriousness of the investigation and impending charges, that the Applicants’ bank accounts have been frozen, save and except the salary account of Mr. Brutus to which he has access.
THE RULING:
13.The Honourable Justice Gino Persaud, in dismissing the Application brought by Calvin Brutus and his wife, held that the Applicants did sufficiently establish that their constitutional rights under the provisions of Article 148 of the Constitution were infringed.
Further, given the gravity and “gravamen” of the investigation, the 240 impending charges, the subject matter of these charges, i.e. $800,000,000 (eight hundred million dollars), and in balancing the public interest, the Court was not minded to grant the Applicants permission to leave the country.
Mr. Brutus and his wife were ordered to pay costs to each of the Respondents in the sum of two hundred and fifty thousand dollars ($250,000.00).
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