Magistrate defers ruling on SOCU’s request for access to more of Brutus’ bank records

Chief Magistrate (acting) Faith McGusty has deferred her ruling on an application made by the Special Organised Crime Unit (SOCU) to have access to more bank records belonging to former Assistant Police Commissioner Calvin Brutus.
Chief Magistrate (Ag) Faith McGusty was set to rule on SOCU’s request for access to former Assistant Commissioner of Police Calvin Brutus and contractor Corwin Nicholson’s bank records on Friday.
Nicholson was jointly charged alongside Brutus in a high-profile financial crime case.
However, defence attorney Domnick Bess, who was granted time to submit a written response, filed his counter-application.
In that application, Bess challenged SOCU’s application by referencing legal precedents, Barker v. Wilson and Williams v. William among others. He argued that in these cases, the Magistrates did not grant similar requests since the concept of a banker’s book originates from the 1800s and may not encompass modern banking records.

Bess contended that SOCU’s request was overly broad and that the documents sought did not align with the traditional definition of a banker’s book under the Evidence Act.
In response, Brathwaite maintained that contemporary banking records, including transaction statements, are integral to routine banking operations and should be accessible under the law. In his application, he also requested statements from bank tellers. He reiterated the importance of these records to SOCU’s investigation.
Bess, however, on Friday, made another submission to support his case during the proceeding, and a furious SOCU Prosecutor David Brathwaite seemed disappointed that the submission was made on the day of the ruling.
As such, Prosecutor Brathwaite requested additional time to review the application and provide a response. Businessman Asif Zafarally, Latoya Brummel, and Sergeant Kevin George were also required to appear in court on Friday.
Attorney Everton Singh-Lammy, representing businessman Asif Zafarally, informed the court that they have made requests to SOCU for the disclosure of several materials including statements from several persons including Brutus’s mother-in-law Patricia Thomas.

The prosecution indicated that they do not have some of these statements, since these persons never made themselves available for questioning. He also stated that some of the requested items did not exist, based on their investigations.
Lammy, in response asked if Brathwaite would make the disclosure, to which he said yes as long as they were available. Lammy went on to state that if SOCU does not have in its possession these statements and materials, “only a fool” will charge someone without having sufficient evidence or records against them. He then advised SOCU to check again.
An index of statements that the prosecution was directed to submit on Friday was also submitted.
The Magistrate advised the prosecution to make every effort to obtain and provide the materials where possible. Given these developments, the matter has been adjourned to February 28, giving SOCU time to respond to the defence’s submissions.
Nicholson, Zafarally, Brummel, and George are also required to appear in court on that date.
SOCU is requesting a banker’s book order to access Brutus’ financial records at Demerara Bank, and bank records for Nicholson. Brutus was initially charged in October 2024 with 30 offences, including money laundering, obtaining money by false pretences, misconduct in public office, liability of officials, and larceny by a public official.
He was placed on bail totaling $6.2 million after his appearance in the court of a Georgetown Magistrate; but in November 2024, Brutus faced an additional 201 charges relating to liability of an official, thereby bringing to 231 the total number of charges he faces.
The court has imposed an additional $10.05 million in bail, bringing the cumulative bail amount to $16.25 million.
Additionally, in December 2024, Brutus was accused of attempting to leave Guyana via Brazil, in violation of a court order prohibiting him from leaving the jurisdiction.
His legal team has denied these allegations, asserting that he had no intention of fleeing and was merely travelling for personal reasons.
In a related matter, Brutus has filed a $400 million lawsuit against SOCU and several senior members of the Guyana Popice Force (GPF), alleging misconduct and malfeasance in public office. This lawsuit, filed in November 2024, claims that the charges against him are baseless and constitute an abuse of power.
These charges stem from an investigation done by the GPF’s white-collar arm, the SOCU, into alleged financial crimes involving hundreds of millions of dollars linked to the GPF. Brutus has denied all the allegations he faces.
Earlier this week, Brutus was fired from the GPF.