Over 200 fraud charges: Court rejects Calvin Brutus’ application for return of passport

Former Assistant Commissioner of Police Calvin Brutus has been unsuccessful in his latest bid to regain access to his passport, even as separate rulings continue to go against him in ongoing fraud-related proceedings before the Georgetown Magistrates’ Courts.
The renewed application for the release of the passport was heard on Monday before acting Chief Magistrate Faith McGusty, where defence attorneys Glen Hanoman and Asif Zafar Ali again urged the court to return the travel document to their client.
The lawyers submitted that Brutus requires the passport for both travel purposes and as an additional form of identification in connection with his current business activities. The court was told that Brutus is earning an income through the sale of truck parts and that the document is at times necessary for conducting business transactions.
However, the prosecution opposed the renewed request, and the magistrate indicated that the issue had already been fully ventilated before the court in earlier proceedings. She signalled that she was not inclined to revisit the application and stated that the matter would instead be left for determination by the High Court.
Brutus’ legal team maintained that their client was not attempting to avoid the judicial process, stressing that the application was made strictly for legitimate personal and business reasons. Despite these submissions, the court did not alter its position.
The matter was subsequently adjourned to May 25.
Just two months ago, acting Chief Magistrate McGusty dismissed an abuse of process application filed by Brutus in relation to his fraud charges.
According to the Special Organised Crime Unit (SOCU), the court ruled that the current criminal charges, “when compared to the previously determined disciplinary charges were different in scope, nature, and penalty,” and therefore could not be considered an abuse of the court’s process.
SOCU outlined that Brutus had argued through his legal team that the criminal proceedings amounted to an abuse of process on the basis that they were rooted in the same facts as earlier disciplinary charges brought under Section 4(z) of the Police (Discipline) Act, Cap 17:01. Those disciplinary proceedings had resulted in his dismissal from the Guyana Police Force.
The defence further contended that because disciplinary action had already been taken, the continuation of criminal proceedings would be unfair and oppressive, and should therefore be stayed.
However, the prosecution opposed the application, arguing that disciplinary and criminal proceedings are fundamentally separate in nature, purpose, and legal consequence. The State maintained that disciplinary proceedings are administrative, while criminal charges are brought in personam on behalf of the State, and therefore one does not preclude the other.
Prosecutors further argued that courts are required to exercise their inherent jurisdiction to stay proceedings for abuse of process only in exceptional circumstances, and that no such circumstances existed in this case.
The prosecution also submitted that the defence had failed to demonstrate any real prejudice, oppression, or abuse on the part of the State in instituting and maintaining the charges. It described the application as “ill-founded, misconceived, unmeritorious, and ought to be dismissed in its entirety.”
The court agreed with the prosecution’s position and dismissed the application.
SOCU further confirmed that the two indictable counts of money laundering against Brutus and his wife, Adonika Aulder, will proceed via paper committal, meaning the matter will move forward on documentary evidence to determine whether it should be committed to the High Court for trial.
The prosecution team in the matter includes Attorneys-at-Law David Brathwaite, Darin Chan, Muntaz Ali, and Natasha Backer, while Brutus is being represented by defence counsel Eusi Anderson, Yuborn Allicock, Earl Daniels, among others.
Brutus is currently before the Georgetown Magistrates’ Courts facing a large and complex fraud and financial crime prosecution involving more than 200 charges. These include allegations of money laundering, misconduct in public office, larceny by a public officer, conspiracy, and obtaining money by false pretence.

Alleged misuse of Police Force funds
The case originated in late 2024 when the Special Organised Crime Unit (SOCU) charged Brutus in connection with alleged misuse of Police Force funds and related financial transactions. He was initially granted bail on multiple sets of charges, with the total bail conditions eventually exceeding GY$10 million as additional indictments were added.
As part of his bail conditions, Brutus was required to surrender his passport to the court. Since then, he has made several applications requesting temporary or full release of the passport, arguing that he needs it for business-related identification and livelihood purposes.
There have also been related developments in the broader case, including multiple increases in charges over time, now totalling well over 200 counts, bail variations and scrutiny over alleged breaches of bail conditions, including an attempted movement toward the Brazil border in 2024, as well as ongoing parallel proceedings involving co-accused persons, including his wife, in related money laundering allegations.