Challenge against Tribunal, Police Service Commission: 2 days after High Court denies injunction to halt dismissal, Brutus withdraws case
Former Assistant Police Commissioner Calvin Brutus, who was dismissed from the Guyana Police Force (GPF) last week, has had his efforts to retroactively stop this dismissal thrown out by the High Court; making this the latest of the series of cases brought by this police officer to be dismissed by the judiciary.
The judgement, handed down on Monday by acting Chief Justice Roxane George, has stated that Brutus’s case against the Attorney General, the Police Service Commission and the three-member Tribunal has no legal basis, and costs have been awarded to all the respondents in the total sum of $300,000, to be paid by April 30.
Former Assistant Commissioner of Police, Calvin Brutus
Brutus’s lawyers have thus withdrawn the substantiative case filed against the Tribunal and Police Service Commission on Thursday.
“In her ruling, the Honourable Chief Justice determined that Mr. Brutus has inherent knowledge of the dismissal, having so annexed evidence of same to his affidavit for injunctive relief, and cannot therefore remain obtuse; and further, to grant such a conservatory order until the hearing of the substantive claim will be futile and otiose,” a statement from the Attorney General’s Chambers has said.
It has been explained that, at the hearing, attorneys-at-law for the respondents had argued that the case and orders sought were unnecessary, since the Tribunal had already completed its work and had submitted its report to the Police Service Commission (PSC) since February 4, 2025.
As a matter of fact, the Attorney General noted, Brutus’s legal team conceded this point.
According to the Attorney General, Brutus then sought to put forward an amended claim he had filed just minutes before the hearing: which sought an interim order preventing the PSC and the Commissioner of Police from serving him the letter terminating his service.
“The Court heard submissions from attorneys-at-law for the respondents: that all attempts to personally serve Mr. Brutus with the PSC’s letter of termination, dated 5th February 2025, have thus far failed, as Mr. Brutus has been evading service in a consistent pattern of behaviour,” the Attorney General has said.
“The termination letter was also sent via registered post to Mr. Brutus’s last known address, at Police Headquarters, Eve Leary, Georgetown. Upon hearing submissions from both sides, the Honourable Chief Justice refused to injunct the Tribunal, as the first relief sought by Mr. Brutus was overtaken by events,” the Attorney General detailed.
It has also been explained that, according to the Chief Justice’s ruling, there is no basis for the order sought by Brutus to prevent his termination from being communicated to him.
Brutus was represented by attorneys-at-law Darren Wade and Eusi Anderson.
Disciplinary charges brought against Brutus stem from violations he had allegedly committed between August 2020 and July 2024, among which are issuing improper financial instructions and falsifying records. In light of these allegations, for which Brutus is currently facing criminal charges before the courts, the PSC had convened the tribunal under the authority of the Constitution of Guyana and the Police (Discipline) Act, Chapter 17:01, with Shoshanna Lall as the Chair and Keoma Griffith and Seelall Persaud as members.
The PSC reported last month that Brutus had failed to attend a January 22, 2025 tribunal hearing, and had noted that his absence was a significant hindrance to its operations. In the dismissal letter of February 5, 2025, Brutus has been reminded that he had chosen not to appear at the hearing, in which two disciplinary charges were laid against him.
Those charges were for (a): the improper use of Welfare Funds, whereby Brutus had allegedly directed that payment of $13.67 million be made from the Guyana Police Force’s Welfare Fund for goods procured by the Government; and (b): for falsifying the records thereof. In this second charge, he allegedly falsified the records for transactions done at the Quartermaster’s Stores to purport that $101.43 million worth of goods were delivered.
The Tribunal having completed its work and submitted a report to the PSC, the findings thereof were considered at the PSC’s statutory meeting last week Wednesday. Brutus’s dismissal letter was thus carbon-copied to Police Commissioner Clifton Hicken with a request that the Police Commissioner take all such actions as are necessary to facilitate Brutus’s handing over and returning of all documents, equipment, and other assets belonging to the Guyana Police Force in his possession.